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Shri Madhav Balwant Karmarkar,
B-6 Panchratna housing society,
13 Sheela Vihar colony, Erandwane,
Pune-411038
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With reference to your captioned application, we enclose herewith the Order No. 906 dated 08.04.2013 passed by CPIO, the contents of which are self-explanatory.
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Order No: 906 Dated: 08.04.2013
Application dated 06.03.2013 of Shri M B Karmarkar, Pune,
seeking Information under the Right to Information Act, 2005
This Order disposes of the captioned application of Shri Madhav Balwant Karmarkar B-6 Panchratna housing society, 13 Sheela Vihar colony, Erandwane, Pune-411038 seeking information under the RTI Act, 2005, received by the office of Central Public Information Officer (CPIO), SIDBI on March 11, 2013. The information seeker has sought the information regarding 168 NPA cases such as copy of appointment of ISARC as a Trust, copy of registration of Trust Deed, copy of bid offers given by ISARC and letters dated 17.02.2010 and 26.03.2010 and copy of Power of Attorney on non – judicial stamp paper etc. It is also observed that information seeker is continuously seeking the information from SIDBI, public Authority, on the same subject in a repetitive manner.
The said application is disposed of, as under:-
- Information in respect of Sl. No. 3 (iii) 1, 2 and 4 of the application:
Copy of letter dated March 30, 2010 and copy of Trust Deed is already provided to the information seeker in response to FAA decisions vide our letter No. 22364/RTI-5/836/A-25 dated 26/02/2013.
- Information in respect of Sl. No. 3 (iii) 3, 6 and 14 of the application:
The requested information relating to list of offers received from 3 ARC’s and their negotiated bids and copy of resolution of Board of Directors of SIDBI regarding providing copy of list and EC Memorandum No. 19/97 of EC No. 111/2009-10 information seeker has already been ordered to be provided in response to his another RTI application dated 18/02/2013 vide CPIO order No. 887 dated 21/03/2013, on payment of requisite additional fees as per provisions of RTI Act / rules. Information seeker instead of making payment of additional fees as per the provision of RTI Act and Rules has made another fresh application. Information seeker is, therefore, advised to deposit additional charges as intimated to him vide letter dated 21.03.2013.
- Information in respect of Sl. No. 3 (iii) 5 of the application:
The applicant had sought a copy of the assignment agreement dated 16.04.10 between SIDBI and ISARC, vide his application dated October 24,2010 and CPIO vide its order dated 19.11.2010 advised the information seeker that the requested information / document is a public document having registered at the office of the Joint Sub-registrar Andheri No. 4, Mumbai Sub-urban Dist.- Bandra. As the information / document is available in public domain, the information seeker was advised to obtain the information directly from the Sub-Registrar’s office, Andheri, as per the practice and procedure normally followed in such cases. However, if information seeker still desired a copy of the assignment agreement bearing registration no. 4474/2010 dated 16.04.10, he may make payment of Rs. 108/- towards additional charges as the document runs into 54 pages @ 2/- per page.
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However, applicant had not deposited charges, as advised above, to supply photocopy of assignment agreement and made another RTI application. Subsequent to FAA decision dated 14.02.2013; a copy of assignment agreement (54 pages) has already been provided to information seeker vide letter No. 22364/ RTI-5/836/A-25 dated 26.02.2013.
The power of attorney stated in the said assignment agreement has not been executed. The format provided therin is a part of agreement and shall be executed as and when need arises.
- Information in respect of Sl. No. 3 (iii) 7 and 8 of the application:
The requested available information has already been provided to information seekervide SIDBI’s letter no. 21848 /RTI/5/836/175 dated 23/01/2013.
5. Information in respect of Sl. No. 3 (iii) 9 and 12 of the application:
Information seeker has drawn inferences from the information earlier supplied/ provided to him and has not sought for any specific information. CPIO is not expected to confirm any inferences drawn by information seeker or furnish any opinion/ clarification / explanation under RTI Act to the information seeker.
- Information in respect of Sl. No. 3 (iii) 10 of the application:
No such offers were given to the borrowers included in the assignment agreement.
- Information in respect of Sl. No. 3 (iii) 11 of the application:
Information seeker is informed that the requested information relating to assignment agreement between SIDBI and ISARC contain third party information which is held by the Public Authority i.e. SIDBI in fiduciary capacity and no larger public interest warrants the disclosure of such information and therefore exempted under section 8 (1) (e) of the Right to Information Act.
- Information in respect of Sl. No. 3 (iii) 13 of the application:
Since the information is available in public domain i.e. with DRT, information seeker may approach respective DRTs and get the requested information. So for SIDBI, is concerned the requested information is not available centrally.
- Information in respect of Sl. No. 3 (iii) 15 of the application:
The proposal for sale & NPA account and sale process was in line with the extant RBI guidelines, which was approved by the Board.
The details of First Appellate Authority are given below and are also available at Bank’s web site at
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1. Name of the Appellate Authority: Shri B. K Bose
Chief General Manager
2. Address of the
Appellate Authority: Small Industries Development Bank of India
“SIDBITower”, 15 Ashok Marg
LUCKNOW - 226 001.
An Appeal may be filed by the information seeker, if aggrieved, against this Order before the First Appellate Authority within 30 days from the date of receipt of this order.
[U.S. Lal]
General Manager (Legal) &
Central Public Information Officer
Small Industries Development Bank of India
Head Office, 15, Ashok Marg, Lucknow–226 001
ˆÅ¸.縿 461 / RTI (5)/906 08.05.2013
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केन्द्रीय लोक सूचना अधिकारी द्वारा पारित आदेश संख्या 906
दिनांक 08/04/2013के सन्दर्भ मे
ˆÅ¼œ¡¸¸ „œ¸¡¸ÄºÆ÷¸आदेश से सम्बन्धित ‚¸œ¸›¸½ ¹™›¸¸¿ˆÅ 06/05/2013 ˆ ú Ÿ¸½¥¸ ˆÅ¸ 縿™ð¸Ä ¥¸½¿— ƒç¸ 縿ñ¸¿š¸ Ÿ¸½¿ ‚¸œ¸ ׸£¸ Ÿ¸¸ÂŠ¸ú Š¸¡¸ú ¹’œœ¸µ¸ú /ˆÅ¸¡¸¸Ä¥¸¡¸ ›¸¸½’ ¹™›¸¸¿ˆÅ 08.05.2013 Ÿ¸½¿ ‚¨¸¥¸¸½ˆÅ›¸¸˜¸Ä 縿¥¸Š›¸ ªÿ —
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RTI Vertical,HO
Appeal under Section 19(1) of RTI Act by
Shri Madhav Balwant Karmarkar-Comments by CPIO
Placed below is a mail dated 06.05.2013 received from the First Appellate Authority (FAA) in connection with the appeal dated 15.04.2013 filed by Shri Madhav Balwant Karmarkar against the CPIO order No. 906 dated 08.04.2013 in respect of his RTI application dated 06.03.2013. The FAA has sought comments from CPIO on the ground of appeal taken by appellant.
In this regard, we may bring to the notice of FAA that the appellant had submitted an RTI application dated 06.03.2013, to the Office of CPIO, SIDBI, Lucknow which was received on March 11,2013 and the said application was disposed off vide CPIO Order No. 906 dated 08/04/2013. The above mentioned order was dispatched by Speed Post on 08/04/2013. Copy of application dated 06/03/2013 & order issued by CIPO dated 08/04/2013 together with information received from SANM Vertical, Mumbai vide their office note dated 21.03.2013 has already been provided to the office of FAA.
We may bring to the notice of FAA that CPIO has provided information to information seeker, as requested by him in his RTI application, on the basis of information received from SA & NMV, Mumbai. Information sought by appellant at Sl No.9 and12 of RTI application, is not specific information rather he has drawn inferences from the information earlier supplied/ provided to him. CPIO is not expected to confirm orotherwise deal with any inferences drawn by information seeker.Information sought at Sl. No. 11 is relate to assignment agreement between SIDBI andISARC which contain third party information and is held by the Public Authority i.e. SIDBI in fiduciary capacity and no larger public interest warrants the disclosure of such information and therefore exempted under section 8 (1) (e) of the Right to Information Act.
We may also bring to the notice of FAA that in recent decision dated 01.04.2013 CIC held that information relating to NPA accounts are held by Bank in commercial confidence and information was denied to appellant u/s 8(1) (d) and (j) of RTI Act ( Cf CIC/VS/A/2012/000004/02622, Shri Nalin Tayal Vs SBI, decision dated 01.04.2013). We may request FAA to take similar stand in view of the above order of CIC.
We further inform to FAA that information seeker is continuously seeking the information from SIDBI, public Authority, on the same subject (NPA cases) in a repetitive manner.
The statements/ contentious of the appellant is baseless and against the sprit of RTI Act. In view of the above, the appeal is, devoid of merit and may be dismissed. FAA, is, however, requested to take a view in the matter.
Submitted pl.
[Pradeep Awasthi]
Manager/08.05.2013
CPIO pl.