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1 Central Information Commission Room No.307, II Floor, B Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi website cic.gov.in Appeal No. CIC/MP/A/2014/ Appellant : Shri Sanjay Kumar, New Delhi Public Authority : State Bank of India, Chandigarh Date of Hearing : 14 th August, 2015 Date of Decision : 24 th August, 2015 Present : Appellant : Present along with Smt Rekha Raj at CIC Respondent : Shri HR Sharma, AGM & CPIO, Shri Rajesh Malik, Manager (Law) and Shri Rakesh Arora, AGM through VC ORDER 1. Shri Sanjay Kumar, the appellant, submitted an RTI application dated seeking information seeking information regarding the total number of candidates who appeared in promotional exam held on 24 th May, 2014 for the post of JMGS I under merit cum seniority channel, seeking to know the marks secured by all the candidates in written examination as well as the interview, the bifurcation of remarks for written exam and interview, the total number of vacancies for the post, etc. through a total of 9 points. 2. The CPIO vide his letter dated provided him information regarding the total number of candidates and gave him the circular relating to the details of criteria for minimum and maximum marks, the number of vacancies of merit channel and seniority channel while intimating him that the list of

2 successful candidates had been placed on the website of Chandigarh Circle. He was also intimated that he had not qualified the examination. The information on points 2, 3, 4 and part information on point 7 had been withheld by the CPIO u/s 8(1)(j) of the RTI Act, Dissatisfied with the response of the CPIO, the appellant vide his appeal dated sought information on points 2, 3, 4 and 7 stating that the information sought is not third party information as it pertained to him also. The FAA vide his decision dated ordered the CPIO to provide the marks secured by the appellant himself, the highest marks and the lowest marks obtained by the candidates (without disclosing the names of such candidates) and the cut off marks and upheld the decision of the CPIO in respect of the other points. 4. The appellant was dissatisfied with the FAA s order and reiterated that the information being withheld from him did not fall under the exempted category u/s 8(1)(j) of the RTI Act. The result sheets are not secret documents as the same can be placed on the table of the Parliament and stated that the information on points 2, 3 and 4 is available with the public authority and it should be divulged to him. 5. The matter was heard by the Commission. The appellant stated that he had not been given any information on point 2, 3 and 4 of his RTI application where he had asked for the information about the marks secured by all the candidates in the written examination as well as in the interview for the post of JMGS I under merit cum seniority channel, bifurcation of total marks of interview and marks secured by each candidate under the bifurcated category for this post. The respondents stated that

3 vide their letter dated November 28, 2014 they had provided the list of successful candidates, marks secured by the candidate himself, the highest marks and the lowest marks obtained in the examination and the cut off marks, to the appellant. The appellant, however, insisted that all information sought by him on the three points discussed above should be provided to him and stated that what can be provided to the Parliament cannot be refused to any citizen of the country. He and the person accompanying him rather than making their point peacefully misbehaved and also made unsubstantiated allegations against the SBI authorities. 6. The Commission, having heard both the parties, accepted the submissions of the respondents with respect to the marks obtained by other candidates as it came within the purview of section 8(1)(j). As regards the contention of the appellant that the information that can be produced before the Parliament cannot be denied, was amply clarified by the Hon ble High Court of Delhi in their decision dated in the matter of Union of India Thr. Director vs CIC & Ors [WP (Civil) No of 2009 and held 43. A proviso can be enacted by the legislature to serve several purposes. In Sundaram Pillai vs Patte Birman (1985) 1 SSC 591, the scope and purpose of a proviso and an explanation has been examined in detail. Normally, a proviso is meant to be an exception to something in the main enactment or to qualify something enacted therein which but for the proviso would be within the purview of the enactment. A proviso cannot be torn apart from the main enactment nor can it be used to qualify and set at naught, the object of the main enactment Sarthi on Interpretation of Statutes, referred to in the said judgment, states that a proviso is subordinate to the main section and one of the principles which can be applied in a given case is that a proviso would not enlarge an enactment except for compelling reasons. It is unusual to import

4 legislation from a proviso into the body of the statute. But in exceptional cases a proviso in itself may amount to a substantive provision. The proviso in the present case is a guiding factor and not a substantive provision which overrides Section 8(1)(j) of the RTI Act. It does not undo or rewrite section 8(1)(j) of the RTI Act and does not itself create any new right. The purpose is only to clarify that while deciding the question of larger public interest, i.e. the question of balance between public interest in form of right to privacy and public interest in access to information is to be balanced. 7. In the instant case, the protection afforded by virtue of the exemption from disclosure enacted u/s 8(1)(j) of the RTI Act cannot be lifted or disturbed unless the petitioner is able to justify how such disclosure would be in public interest. appellant has not succeeded in establishing that the information sought is in larger public interest. The 8. In view of the above, the Commission upholds the decision of the respondents while directing the respondents to provide information on the bifurcated marks of the appellant, if available, to him within 10 days of the receipt of the order of the Commission. The Commission also observes that the appellant s behavior was most unbecoming and if repeated, the Commission will have no option but to take action as per the law of the land. The appeal is disposed of. Authenticated true copy: (Manjula Prasher) Information Commissioner (T.K. Mohapatra) Dy Secretary & Dy Registrar Tele No Copy to :

5 The Central Public Information Officer State Bank of India LHO, PB No. 139, Sector 17 A Chandigarh The First Appellate Authority State Bank of India LHO, PB No. 139, Sector 17 A Chandigarh Shri Sanjay Kumar H.No. RZ 935B, Gali No. 14/3 Sadh Nagar, Palam Colony New Delhi

CIC/MP/A/2014/ CIC/MP/A/2014/ CIC/MP/A/2014/000999

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