ZILA SAHAKARI BANK MARYADIT Vs. STATE INFORMATION COMMISSION

JUDGEMENT

(1.) By this petition under Article 226 and 227 of the Constitution of India, the petitioner seeks to assail the correctness and validity of order dated 26-09-2008 (Annexure P-1) passed by the Chief Information Commissioner, Chhattisgarh Information Commission, Raipur, by which, the petitioner has been directed to provide information as requested by respondent No.2-applicant.

(2.) The factual matrix of the case giving rise to this petition are that the petitioner is a Co-operative Bank registered under the Chhattisgarh Co-operative Societies Act, 1961. The petitioner is engaged in the business of banking, and at the same, time also deals in sale and purchase of minor forest produce, food grains, fertilizers etc., through its subsidiary societies known as Adim Jati Sewa Sahakari Samiti. Respondent No.2 was terminated from the service of the petitioner on the allegations of embezzlement. On 06-05-2008 (Annexure P-2), the respondent No.2 moved an application under the Right to Information Act, 2005 (In short "the Act of 2005") and requested to provide certain information as also supply of copies of certain documents. In response, the petitioner sent communication dated 28-05-2008 (Annexure P-3) to respondent No.2 informing that the desired information could not be disclosed; as the information relates to personal information, confidentiality of which, cannot be disclosed, and therefore, exempted from disclosure under Section 8 of the Act of 2005. Thereafter, another application was moved on 13-06-2008 (Annexure P-4) by the respondent No.2 making request for disclosure of the same information as made earlier. In response, the petitioner vide his communication dated 16-06-2008 (Annexure P-5) intimated to respondent No.2 that, as advised by National State Co-operative Bank Union, the Co-operative Banks are out of the purview of the Act of 2005, and therefore, information sought could not be disclosed.

(3.) Aggrieved by the rejection of application, respondent No.2 filed an application (Annexure P-6) before the State Information Commission. Upon receipt of the application, a memo dated 28-06-2008 (Annexure P-7) was issued intimating the petitioner that the complaint of respondent No.2 shall be heard through Video Conferencing on 26-09-2008. After hearing the parties through Video Conferencing, the Chief Information Commissioner passed the impugned order on 26-09-2008, directing the petitioner to provide inspection of documents free of cost within 15 days, and thereafter, supply information free of cost up to the cost of Rs.50/- and information above the cost of Rs.50/-, after receiving the prescribed fee.