The State Bank of India was pulled up after its authorities declined to provide the pensioner account details of a deceased woman even after her son submitted documents to claim he was the legal heir and sought information under the Right to Information Act, 2005.
The case relates to a petition filed by S. Kumaraguruparan, of Villupuram, who sought the account details of his mother, a pensioner, who passed away. After the bank’s Chief Public Information Officer (CPIO) denied information under Section 8(1)(e) of the RTI Act, the petitioner moved the First Appellate Authority, who upheld the same. Not satisfied with the response, Mr. Kumaraguruparan filed a second appeal before the Central Information Commission.
Fiduciary capacity
During the enquiry, the petitioner stated that the CPIO had informed that the details of individual borrowers were held by the bank in fiduciary capacity, the disclosure of which was exempted under Section 8(1)(e) of the Act. However, the bank said the information called for was traced and would be provided to the appellant.
After hearing both sides, Information Commissioner Neeraj Kumar Gupta said the appellant had called for the details of his deceased mother’s pensioner account by providing proof that he was the legal heir. The then CPIO had wrongly invoked the relevant provision of the Act. “The Commission is of the opinion that the then CPIO took the embrace of exemption recklessly and non-meticulously in order to avoid giving a clear reply to the appellant.”
Explanation sought
The Commission said the conduct of the then CPIO was not satisfactory and directed the CPIO, State Bank of India, Tamil Nadu, to show-cause why penalty should not be imposed on the official for wilfully obstructing the information sought under the Act. Mr. Gupta directed the CPIO to provide a revised reply to the appellant with relevant information sought by him in his original application.
