India, Nov. 20 -- Central Information Commission issued text of the following decision on Oct. 20:

1. The Appellant filed an RTI application dated 21.06.2023 seeking information on the following points:

"I, Valuer Bhagirathsinh Rathod, have been accused of facilitating fraud in SBI Halvad Branch Loan Accounts, as follows:

1. Loan A/c No 371******95, of Applicant Harinbhai Ramesh Kariya

2. Loan A/c No 369*****65, of Applicant Rajeshbhai Kantilal Kotecha

3. Loan A/c No 369*****87, of Applicant Harshadbhai Rameshbhai Kariya

SBI has filed police complain against me in the above matter, As per Complain by Jitendrakumar Singh, Chief Manager Halvad Branch to Halvad Police Station as on 29/03/2022 it states that

"SBI after release (disburse) of home loan to verify work is done as per home loan amount for that purpose valuation report is required and in this case panel valuer to appoint and in this case after release of home loan amount bank appoint valuer to verify is construction done as per home loan amount valuer had done report"

(i) Kindly provide certified copy of policy wherein valuer is to be appointed after disburse of home loan.

(ii) Kindly provide certified copy of policy wherein valuation report is to be obtained after disburse of home loan.

(iii) Kindly provide certified copy of policy wherein valuer is require to verify after release (disburse) home loan by bank that whether work is done home loan amount

(iv) Kindly provide certified copy of policy wherein how and who from bank will intimate valuer amount of home loan before valuation."

2. The CPIO replied vide letter dated 19.07.2023 and the same is reproduced as under:-

(i) "Policy manuals are for internal circulation for guidance of the bank's employees only and are of commercial confidences for the bank which are exempted from disclosure under section 8(1)(d) of the RTI Act, 2005.

(ii) Policy manuals are for internal circulation for guidance of the bank's employees only and are of commercial confidences for the bank which are exempted from disclosure under section 8(1)(d) of the RTI Act, 2005.

(iii) The information sought by applicant is not clear and specific. Hence, we request you to revisit application with specific and clear information.

(iv) The information sought by applicant is not clear and specific. Hence, we request you to revisit application with specific and clear information."

3. Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 03.08.2023. The FAA vide order dated 31.08.2023 upheld the reply given by the CPIO.

4. Aggrieved with the FAA's order, the Appellant approached the Commission with the instant Second Appeal dated 29.09.2023.

5. The Appellant was present during the hearing through video conference and on behalf of the Respondent, Mohan Krishna, AGM & CPIO attended the hearing through video conference.

6. Both parties were heard in continuation of other cases of the Appellant based on the same subject matter, amongst which, vide Second Appeal No. CIC/SBIND/A/2023/139948, the issue related to the disclosure of the relevant circulars was already discussed with the CPIO, SBI, Local Head Office, Ahmedabad. Therefore, the CPIO in the instant case submitted that the same facts and circumstances as in Second Appeal No. CIC/SBIND/A/2023/139948 will apply to the instant case as well.

7. The Commission after adverting to the facts and circumstances of the case, and perusal of records, observes that the information sought for in the instant RTI Application is in the form of asking for justification/clarification that requires the CPIO to deduce the relevant circulars to find out the applicable policy, which is not the role envisaged for the CPIO under the RTI Act. For better understanding of the mandate of the RTI Act, the Appellant shall note that outstretching the interpretation of Section 2(f) of the RTI Act to include deductions and inferences to be drawn by the CPIO is unwarranted as it casts immense pressure on the CPIOs to ensure that they provide the correct deduction/inference to avoid being subject to penal provisions under the RTI Act.

*Rest of the document can be viewed at: (https://dsscic.nic.in/cause-list-report-web/download)

Disclaimer: Curated by HT Syndication.