Bank denies Information of ‘Yes/No question’ asked under RTI

Canara Bank denies Information of ‘Yes/No question’ citing Personal Fiduciary Exemption clauses

CENTRAL INFORMATION COMMISSION

Decision No.CIC/VS/A/2013/000384/05739
Appeal No.CIC/VS/A/2013/000384
Dated: 31.12.2013

Shri K.D. Aggarwal,

Respondent:

Date of Hearing:
20.12.2013



RTI application:
1.
The appellant filed an RTI application on 21.09.2012 seeking information pertaining 
to a certain account holder. 
2.
The PIO responded on 28.09.2012 and denied information to the appellant under 
section 8(1)(e) and (j) of the RTI Act. The appellant filed a first appeal on 22.10.2012 with the 
first appellate authority (FAA).  The FAA responded on 19.11.2012 and informed the appellant 
that the sought information does not come under the purview of definition of information 
under section 2(f) of the RTI Act.  The appellant filed a second appeal on 07.01.2013 with the 
Commission.
Hearing: 
3.
The appellant appeared for the hearing in video conferencing.  The respondent did 
not appear for the hearing.
4.
The appellant referred to his RTI application of 21.09.2012 and stated that he wants 
to know whether the Canara Bank has any account who has given this particular address.  The 
appellant stated that he simply wants a response from the bank in 'yes' or 'no' and nothing 
more than a 'yes' or 'no'.  
5.
The appellant stated that the respondent has mechanically cited certain clauses of the 
RTI Act to deny the information without any application of mind.  The appellant stated that he 
has required this information on account of the suspicion that certain malpractices are being 
routed through this bank account which could be money laundering.  
6.
The appellant stated that he is an informed citizen, wanting to get information in the 
public interest.   The appellant emphasized that he does not want any statement of account and 
that he does not even want to know whether it is a cash credit or savings bank or term loan or 
a current account.  
7.The appellant said that he just wants to get a response from the bank in 'yes' or 'no' on the 
point mentioned in the RTI application, i.e., whether there is any account­holder in the bank 
with the addresses mentioned in the RTI application.
Decision:
8.
The respondent is directed to provide to the appellant, within 30 days of this order, 
the information sought as per para 7 above in context of the RTI application.
The appeal is disposed of.  Copy of decision be given free of cost to the parties.
(Vijai Sharma)
Information Commissioner
Authenticated true copy
(V.K. Sharma)
Designated Officer

A simple request to Canara bank for ‘Yes’ or ‘No’ to know whether the Canara Bank has any account who has given this particular address was denied by the bank citing Personal and Fiduciary relationship exception clauses. The applicant suspected that certain malpractices are being routed through this bank account which could be money laundering. He did not desired any statement of account and that he does not even want to know whether it is a cash credit or savings bank or term loan or a current account.

“The appellant said that he just wants to get a response from the bank in ‘yes’ or ‘no’ on the point mentioned in the RTI application, i.e., whether there is any account ­holder in the bank with the addresses mentioned in the RTI application “.

The Canara Bank denies Information immediately after applying the Exemption clauses under section 8(1)(e) and (j) of the RTI Act. The appellant filed a first appeal with the first appellate authority (FAA) who responded and informed the appellant that the sought information does not come under the purview of definition of information under section 2(f) of the RTI Act.

Canara Bank denies Information

The appellant stated that he is an informed citizen, wanting to get information in the public interest. The appellant emphasized that he does not want any statement of account and that he does not even want to know whether it is a cash credit or savings bank or term loan or a current account.

The CIC allowed the appeal and the respondent was directed to provide to the appellant, within 30 days of this order, the information sought above in context of the RTI application.