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A-ZJUSTICE

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A-ZJUSTICE

Will the Nationalised Banks give infomation about the Loan Defaulters?

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A-ZJUSTICE

I didn't get the answer for my question. Please reply.

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aksmat

No , it is exempted u/s 8(1) of RTI Act . It is third party information held in fiduciary relationship by bank . It can not be given unless Competent Authority decides that some public interest justifies the disclosure of such information .

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sharadphadke
I didn't get the answer for my question. Please reply.

 

Very surprising! you post at 5:11PM your question and again ask at 5:14PM no one has replied my post!!!

First of all members have to read your post.

If any member knows the answer he shall post his reply to your post.

Technically speaking bank should give answer to your RTI application and supply the information.

Do not ask who / why / how like question and use any alternative wording which won't show you are asking for accountability and you are asking for information. This should give you the information.

Why not try and inform your progress to other members?

Put your first RTI if this your first.

You should get the list mostly in 35 to 40 days.

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aksmat

dear shardji,

I beg to differ . Can you plz enlighten me in relation to my above post . Plz do not take offence , I am genuinely confused .

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sharadphadke
dear shardji,

I beg to differ . Can you plz enlighten me in relation to my above post . Plz do not take offence , I am genuinely confused .

 

First of all as I remember, when I posted the reply I did not saw your reply to the post. Otherwise I would have replied to your post also.

 

There is very big judgment on this point by High Court. High Court has point wise given the explanation "with some references" from some dictionary for the meaning of "fiduciary relationship" as well as there are examples to explain. I think I am having that decision labeled as 8.1.e or with some other section 8. If I can find it easily I shall post the number.

 

But, please visit jps50's blog about his comments and collection of many decisions on Section 8, it includes many decisions on different parts of sub section and worth keeping as reference to file the RTI application and can be used as enclosure to your application. I think more or less your confusion on Section 8 shall be solved if you read that file he has kept for download. I am using it as attachment to my RTI application.

 

If you go through the first page of Law you shall know the reason why it is made. I remember reading some where it abolishes the old secret act, only some senior members or Mr. Karira can quickly give the full reference as first he has only read this law for few months and tried to put meaning of every word. I admire his hard work and call him a master in this field.

 

I find he has given a link to your query in his reply and that should solve or clear some of your doubts on Section 8. But still a layman in this field I try to give my opinion.

 

Frankly speaking only because Section 8 and 9 gives you permission to withheld some information, CPIOs and AA are using it freely to stall you for some time, can say few months or years.

 

Now the Act do states you have to give reasons, and many decisions of CIC and HC states CPIO has failed to give any reasons. Apart from this have you ever came across any reply from CPIO of any PA, who has given the explanation and reasons why the information is not given? You shall find such type of rejections which can be counted only on your finger tips. Please do not take this as offensive, look to it in practical terms.

 

Please read section 4 from beginning to end. More particularly 4 (4) with explanation part. Look at the last line, it states " ... including inspection of offices of any public authority" If this is given to you by Act then where the question of defaulter list suppressing under contract act or Section 8 comes? Every PA has to publish many points under section 4. Since this is given to you by the Section 4 (1) (b) and 4 (4) how this matter is under Section 8 (1)

 

Act is made to reduce or say stop corruption and bring transparecy, hence as you say only b'cos some PA has signed a tender or loan agreement it does not mean it is secret. As per the Act every document made by a PA is now a open document. Yes, you can not apply this clause to the ledger by the bank maintained for account holders, software purchased from microsoft or infosis or any other such type of information where third party interest are involved, or copy righted or given to you under some conditions.

 

Kindly note even the documents supplied by a person as a security for the loan are also not covered under section because it is security for public money!! So is the case with tenders. Once it is signs and filed, it becomes a document on public domain. This is what it is written in Section 4. At lease this is my understanding of section 4 and the law. I may be wrong and so please correct me.

 

Now do post your differences. This is helpful in gaining experience and knowledge. But do give reasons why you feel so or differ. This will help people like me who are child in this field. Also keep us posted on your success stories in RTI as we do like to learn how the war was won. Your name it self shows you are a experienced person in RTI field so do give us some case references in your posts, as we also can quote in our applications. We are here to help each other and we must exchange our views in good sprite and should avoid hot words. I hope I have not use any word like this to offend you, if done so, I am sorry. Please bring it to my notice so that I can correct my self. Shri jps50 had brought to my notice for this type of my mistake and I lost my sleep for few days and finally apologized that person.

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karira

If you go through the first page of Law you shall know the reason why it is made. I remember reading some where it abolishes the old secret act, only some senior members or Mr. Karira can quickly give the full reference as first he has only read this law for few months and tried to put meaning of every word.

 

Which is the reference link you want me to give ?

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knkhan

can we demand under rti the info of a particular account which is NPA? What would be the position if the some properties of NPA account has been possessed by bank under SARFAESI notice and sale auctioin has been held?

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knkhan
can we demand under rti the info of a particular account which is NPA? What would be the position if the some properties of NPA account has been possessed by bank under SARFAESI notice and sale auctioin has been held?

 

thanks a lot.let me read it first

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