Monday, March 22, 2010

[rti_india] IC SM rules against 'public spirited' 3rd parties

"Yogesh Mehta v. State Bank of Mysore

CIC/SM/A/2009/000752 & 886

The Appellant submitted that the information sought was in larger public interest as it related to certain grave irregularities being committed by the Bombay Stock Exchange IPF, a fund exclusively created for the protection of the investors. On the other hand, the Respondent argued that they had nothing to do with the Bombay Stock Exchange or its IPF and that the information sought was entirely about the clearing transactions in respect of one of their account holders and they could not disclose such details as it would amount to adversely affecting the competitive position of their customer.



It is not at all clear as to how the disclosure of this information by the State Bank of Mysore would serve any larger public interest. Admittedly, the Appellant in this case, is not the one in whose favour the cheques had been issued. He is seeking this information not only about a third party account but also about unconnected third party
individuals and Banks in whose favour the cheques had been issued / cleared. Clearly, the desired information falls in the exempt category under Section 8(1)(d) of the Right to Information (RTI) Act and, therefore, cannot be disclosed. We find little merit in the appeal."

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