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Raghavendra

Details about the loan the counciller has in an Nationalized bank.

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Raghavendra

Hello everybody,

 

I had filed an application with the Indian Overseas Branch in Bannur Branch, Mysore district, Karnataka State, seeking to get the loan details(liabalities) of the municipal councilor and her husband has with that bank as I want to tally with the nomination they had filed.

 

The bank has replied me back saying that "since they don't see any valid reason in giving the details they can't provide the same" and have told me to contact the Chennai head office for further appeal. :(

 

Can I get the information which I had asked and the way I have to go now?

 

Thanks

Raghavendra

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karira

"since they don't see any valid reason in giving the details they can't provide the same"

 

Any rejection of a RTI Application must be accompanied by reasons as to why it is being rejected.

Just making a bland statement as above does not in any way justify the reason for rejection. It is not in the PIO's domain to see valid reasons or any other form of reasons. He has to work as per the various sections and subsections of the RTI Act.

 

Sec 7(8) clearly specifies that the reasons for rejection must be given.

 

Even if he denies the information sought under some section/subsection of the RTI act, just quoting the section number or quoting the section "ad-verbatim" is not enough. The PIO must explain to the applicant as to how that particular section under which he has sought shelter is applicable in the present case.

 

(just search the forum for "reasons for rejection" and you will get many threads and CIC orders saying the above).

 

Please read the following decision of the CIC FULLY and select excerpts which apply to your case.

 

http://cic.gov.in/CIC-Orders/AT-29042008-01.pdf

 

In particular, pay attention to the following points of the above decision :

 

Point 29:

 

“To maintain the purity of elections and in particular to bring transparency in the process of election, the Commission can ask the candidates about the expenditure incurred by the political parties and this transparency in the process of election would include transparency of a candidate who seeks election or re-election. In a democracy, the electoral process has a strategic role. The little man of this country would have basic elementary right to know full particulars of a candidate who is to represent him in Parliament where laws to bind his liberty and property may be enacted.”

 

Point 35:

 

“Similarly, with regard to the declaration of assets also, a person having

assets or income is normally required to disclose the same under the

Income Tax Act or such similar fiscal legislation. Not only this, but once a

person becomes a candidate to acquire public office, such declaration

would not affect his right or privacy. This is the necessity of the day

because of statutory provisions of controlling wide spread corrupt

practices as repeatedly pointed out by all concerned including various

reports of Law Commission and other Committees as stated above.

 

Point 44:

 

From the provisions of Section 3 and Section 22, read in the context of the

Preamble of the Act, it can be inferred that a citizen is entitled to access

information available with and held by a Public Authority unless:-

(a) such information is exempted under Section 8 or Section 9;

(b) The information relates to an organization exempted under Section

24 subject to exceptions provided for in the proviso to subsection (1)

in case of an organization established by the Central Government

and subsection (4) in the case of an organization established by State

Governments;

© Information which relates to or has been supplied by a third party

and has been treated as confidential by that third-party. In case such

an information is intended to be disclosed, the procedure set out in

Section 11 need to be followed.

 

Point 45:

The scheme of the Act makes it abundantly clear that disclosure of

information to a citizen is the norm and non-disclosure by a Public Authority an exception and it necessitates justification for any decision not to disclose an information.

 

Modify some of the arguments used in the above mentioned order by replacing "political party" with "councillor".

 

You case is very strong.

 

Go for First Appeal.

 

Just says in the first appeal that the grounds are that the PIO has not justified his denial of information under any section of the RTI Act but has given a bland and blanket statement without applying his mind. Under the RTI Act, Disclosure is the norm, witholding is an exception".

 

The above points are just to prepare you for the battle ahead. You can use them during the hearing of the first appeal. "pray" that you should be given a personal hearing during the first appeal.

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Raghavendra

This is what the EXACT reply from the branch Manager.

".......The requested information in the absense of any bonafied interested expressed by you formed personal information of others have no public interest or activity, the disclosure of such details are therefore excempted under Section 8 (1) (J) of RTI Act 2005" For furthure more information you are requested to appeal the IOB head office in Chennai".

 

Please guide on how I should proceed furthure to get the details.

 

Thanks in advance,

Raghavendra

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karira

Raghavendra,

 

Just read my post #2 above.

You have enough ammunition in that post to go for First Appeal.

 

This matter is totally for "public interest" because the councilor is a "public representative".

 

First appeal has to be made within 30 days of getting the reply from the PIO.

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jps50

For first appeal pl visit http://www.rtiindia.org/forum/blogs/jps50/18-first-appeal-central-govt-guidelines.html and http://www.rtiindia.org/forum/blogs/jps50/17-first-appeal-central-govt-format.html. Since U are in Bengaluru, U can contact following NGOs who are very active in RTI:

1. MAHITHI HAKKU ADHYAYANA KENDRA (RIGHT TO INFORMATION STUDY CETNRE) NEW OFFICE PREMISES AT NO.54, 17TH CROSS, M C LAYOUT, VIJAYANAGAR (NEXT TO CANARA BANK, PANCHAVATI HOTEL BUILDING) BANGALORE 560 040 Cell 9448704693 mahitihakku@gmail.com

 

 

2. JSD PANI, President, Mahiti Hakku Jagruiti Vedike - A group of RTI Activists, # 168, Chelakere, Kalyananagar, Bangalore 560043, Ph; 080-41616183, Cell: 9845309028

 

3. N vikramsimha , KRIA Katte & Trustee MHAK, #12 Sumeru Sir M N Krishna Rao Road , Basvangudi Bangalore 560004.

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Raghavendra

Hi,

Can I get the loan details of the councilor which he is having from a private bank (Karnataka Bank)?>>

Because I got the reply from the Manager that "...Since Karnataka Bank is not a nationalized bank the asked information cannot be disclosed”

Please guide me.:confused:

Thanks,

Raghu

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karira

That is correct.

Karnataka Bank is not a Public Authority under the RTI Act.

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