MANU/CI/0383/2020

IN THE CENTRAL INFORMATION COMMISSION
NEW DELHI

Second Appeal No. CIC/SBIND/A/2018/167835

Decided On: 21.12.2020

Appellants: Vihar Durve Vs. Respondent: CPIO, State Bank of India, Mumbai

Hon'ble Judges/Coram:
Suresh Chandra

DECISION

Suresh Chandra, Information Commissioner

1. The issues under consideration arising out of the second appeal dated 08.11.2018 include non-receipt of the following information raised by the appellant through his RTI application dated 16.06.2018 and first appeal dated 14.08.2018:-

(i) Furnish me (Yearwise from 2017 to 2018) relevant portion of Statutory Report/Audit Report/any other report/certificates submitted by Chartered Accountants relating to Electoral Bonds from the books of accounts of State Bank of India (hereinafter SBI) (a) SBI Mumbai Main Branch Code 00300 (b) SBI Chennai Main Branch Code 00800 (c) SBI Kolkata Main Branch Code 00001 (d) SBI New Delhi Main Branch Code 00691.

(ii) Furnish me Guidelines, Circulars, Notifications, Office Memorandum Rules and Regulations, Copy of Act etc. issued to Statutory Auditor i.e. to Chartered Accountants to conduct relating to certification/audit/signing of Balance sheets, Profit and Loss Account, Financial Statement, Trial Balance of Electoral Bonds.

(iii) Furnish me Name and Designation of Officer who is supposed to issue Guidelines, Circulars, Notifications, Office Memorandum Rules and Regulations, Copy of Act relating to certification of Balance sheets, Profit and Loss Account, Financial Statement, Trial Balance by Statutory Report i.e. Chartered Accountants relating to Electoral Bonds.

(iv) Furnish me (Yearwise from 2017 to 2018) relevant portion Accounting Standards, Guidance Notes applicable to conduct the certification/audit/signing of Balance sheets, Profit and Loss Account, Financial Statement, Trial Balance of Electoral Bonds.

(v) Whether the details of Donor and Donee are available to Chartered Accountants relating to Electoral Bonds while certification/audit/signing of Balance sheets, Profit and Loss Account, Financial Statement, Trial Balance of Electoral Bonds.

(vi) Furnish me details of Donor and Donee made available to Chartered Accountants relating to Electoral Bonds while certification/audit/signing of Balance sheets, Profit and Loss Account, Financial Statement, Trial Balance of Electoral Bonds of (a) SBI Mumbai Main Branch Code 00300 (b) SBI Chennai Main Branch Code 00800 (c) SBI Kolkata Main Branch Code 00001 d) SBI New Delhi Main Branch Code 00691.

(vii) Furnish me details of Donor and Donee of Electoral Bonds from the books of accounts of (a) SBI Mumbai Main Branch Code 00300 (b) SBI Chennai Main Branch Code 00800 (c) SBI Kolkata Main Branch Code 00001 d) SBI New Delhi Main Branch Code 00691.

(viii) Furnish me letter no 24400/2017/0/o US(PP6M) dtd. 26th May 2017 written by Election Commission to The Secretary, Legislature Department Ministry of Law and Justice, Shastri Bhavan New Delhi relating to Electoral Bonds and its impact on Transparency, corruption in India.

(ix) Furnish me details/records, correspondence and the impact of certain amendments in the Income Tax Act, the Representation of the People Act 1951 and the Companies Act 2013 to introduce/issue Electoral Bonds for funding political parties on Transparency, corruption in India.

(x) Furnish me Telephone Number and Email Id of Central Public Information Officer and Appellate Authority as per Official Memorandum of Det of Personnel and Training available on www.rti.gov.in > Circulars.

2. Succinctly facts of the case are that the appellant filed an application dated 16.06.2018 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), State Bank of India, Mumbai, seeking aforesaid information. The CPIO vide letter dated 09.08.2018 replied to the appellant. Dissatisfied with this, the appellant filed first appeal dated 14.08.2018. The First Appellate Authority vide order dated 28.08.2018 disposed of the first appeal. Aggrieved by this, the appellant filed a second appeal dated 08.11.2018 before this Commission which is under consideration.

3. The appellant has filed the instant appeal dated 08.11.2018 inter alia on the grounds that reply given by the CPIO was wrong, incomplete and misleading. The appellant pleaded that the SBI was supposed to uphold public interest and not the interest of polit........