Deccan Herald: New Delhi: Monday, May 14, 2018.
The Reserve
Bank of India (RBI) has declined to share inspection reports for scam-hit
Punjab National Bank (PNB), citing RTI clauses that bar disclosure of details
which may impede the investigation process or prosecution of oenders among other
reasons.
Replying to
an RTI query, the central bank also said it does not have "specific
information" on what resulted in detection of over Rs 13,000 crore scam at
PNB and directed the application to the state-run bank for providing those
details.
The scam,
considered to be the biggest ever fraud in India's history, came to light
earlier this year. PNB was allegedly defrauded by diamantaire Nirav Modi and
his uncle Mehul Choksi, the promoter of Gitanjali Gems.
Among other
agencies and regulators, the RBI is also undertaking a detailed probe into the
case for necessary action. In response to queries under the Right to
Information (RTI) Act, the central bank clarified that the RBI does not carry
out an audit of banks. However, the RBI conducts inspection/risk-based
supervision of banks, it added.
Giving
details for the past ten years, the RBI gave dates for the annual inspection
carried out at the PNB head office between 2007 and 2017, except for 2011, for
which the bank said the "dates (are) not available".
When asked
about the copies of inspection reports and details of objections raised by it,
the RBI said the information was exempted under various clauses of the RTI Act.
"The inspection reports of banks and other related documents contain
information which is exempt from disclosure under Section 8 (1) (a), (d), (j)
and (h) of RTI Act, 2005," it said in reply to the RTI application
filed by this correspondent.
The Section
8(1) (a) bars disclosure of information which would prejudicially aect the
sovereignty and integrity of India, the security, strategic, scientific or
economic interests of the state, relation with foreign state or lead to
incitement of an oence.
The clause
(d) bars information the disclosure of which would harm the competitive
position of a third party, whereas the section 8 (1) (h) exempts disclosure of
information “which would impede the process of investigation or apprehension or
prosecution of oenders”.
The clause
(j) bars information which relates to personal information and the disclosure
of which has no relationship to any public activity or interest, or which would
cause unwarranted invasion of the privacy of the individual.
The RBI said
that the severance of exempt parts in all inspection reports would divert the
resources of the public authority in an unreasonable way.
The RBI has
transferred the application to the PNB on query seeking details of inspection
reports that led to the detection of the massive fraud in the bank. "The
specific information sought is not available with us. However, the RTI
application is being transferred
to PNB under Section 6 (3) of the RTI Act, 2005 for providing information, if
any, directly to the applicant," it said.
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