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B Guru Murthy (A M)     02 November 2010

RTI on in-laws Bank account details

 

 

 

 

An RTI appellant sought details of account statement (in certified copies) from a bank in this case UNION BANK OF INDIA the bank refused to part with information on the grounds that

a)                      The said information is confidential and privileged as the account pertains to the third party.

b)                      In in no way connected with the details of the account.

c)                       The Banking regulations do not permit furnishing of such information.

d)                      Is the stand taken by the bank correct? Can RTI applicant be denied information as  asked above

e)                      Whether such information falls under sec 8(though he did not quote any section of RTI Act while replying).

f) The bank in their reply quoted Banking Regulations Act (for with holding of information) but not any setion under RTI Act

 

Will some one please englighten me on the matter.



Learning

 16 Replies

anil kumar (service)     02 November 2010

There are plenty of decisions of the CIC wherein it has been held that Bank is under an obligation not to disclose its customers' account details to any third party other than the customer as it falls within the exemption provisions of Section 8 (1)(d)(e) and (j) of the RTI Act. So while the PIO of the Bank  concerned ought to have quoted  the exemption provisions of the RTI Act but even not doing so may not legally affect its decision not to  furnish the account statement of a third party. You will not succeed to get the same through RTI without the consent of the account holder. 


(Guest)

CORRECT.

John Samuel (Manager)     03 November 2010

Is the provision applicable to balance in PF account


(Guest)

Not at all.  Please read section 8 (1) (j).

Arka Foundation ( A D R)     03 November 2010

Appreciate your clarification. However, you reply holds that the RTI applicant is a third party who need not be disclosed about the in-laws bank account particulars.

A cursory look at sec 11 of RTI Act reveals that it is the not the RTI applicant who is third party, but the account holder as such. Perhaps it may be of academic interest as the matter has been clarified by you

Thanks


(Guest)

 

RTI Applicant is the first party in regard to his/her Right To Information (not the Right To Information Act) and the Government is the second party.  A citizen use his/her Right To Information and make an application to the Public information of the Government for any information of his/her own and/or of public interest.  When the requisite information is purely for his/her OWN interest WHICH HAS NO PUBLIC INTEREST AND RELATED WITH ANY THIRD PARTY but since the Government is holding that information so it is mandatory to get NO OBJECTION CONSENT OF THE THIRD PARTY.

 

For Bank, the customer / account holder is first party and as a serving party the Bank is the second party and serving party is under bond of service conditions.  Any third party cannot interfere between these two.

 

RTI Act is very clear, easy to understand.  But the Government servants do not like it since their everything which they like to keep in dark comes out of curtain.  They actually did not practice it before existence of RTI Act and forgotten that they are only like maid servants and not the Governors.  The Governors are every Indian Citizen.  

 

it is lacuna in system intensionally made by the bureaucrats that the Governors (Indian Citizen) cannot catch their neck and kick them on back whereas the Indian Citizens are their Bread & Butter providers.

 

DRF is trying for sort out this lacuna and we can succeed if we all come together.  None other will come out but we ourselves have to take up step to sort out our democratic rights.  Why politicians will take interest?

 

So waiting for what? Start right now with using our Right To Information.  ASK ANYTHING !!! WE ARE THE GOVERNORS.

 

BUT REMEMBER THAT, RIGHTS ARE NEVER SERVED ON THE DINING TABLE UNLESS AND UNTIL EVERY INDIVIDUAL EARN IT.  SO USE IT OR LOOSE IT, IT IS YOUR CHOICE.

 

1 Like

John Samuel (Manager)     04 November 2010

Please clarify whether 8(1)(j) is applicable to PF balance or not. i.e, whether can the PF balance of an individual be disclosed.


(Guest)

What is public interest or interest of other individual to know the PF balance of any other person?


(Guest)

Means "what is the legal interest of any other in the PF account balance of another person"?

bhuushan bankar (advocate)     27 June 2018

WRIT PETITION NO. 10690 OF 2017 ORDER DATES 06.09.2017 BY RAVINDRA V. GHUGE J. OF BOMBAY HIGH COURT. (AURANGABAD BENCH)

IT IS HELD THAT HUSBAND IS NOT A THIRD PERSON.

ngocphuong   30 October 2018

This is also a very good post which I really enjoyed reading. It is not everyday that I have the possibility to see something

ashraf   16 November 2018

What if the the the account holder (employee) deceased and his legal heirs are seeking account statement under RTI Act, 2005? It is a joint account and the second wife of my father is the nominee and she refuses to give it to the children of his first wife. Post his demise, his children want to get the bank account statement.

(The reason to why to get the statement is to claim it in the court)

So, can I, now in this case, seek the statement from the concerned bank branch???

 

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     17 December 2018

The Right to Information Act is for information of public interest. Appararently the information which you have sought is not of public iterest.

Sudhir Kumar, Advocate (Advocate)     13 May 2019

THE STAND OF THE bANK IS FULLY CORRECT

 

 


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