Gauhati High CourtAdministrative and Public LawBanking and Finance Law

Public Banks Cannot Claim Privacy Exemptions for Disclosing Kisan Credit Card Loan Beneficiary Details

Assam Gramin Vikash Bankv.The Assam Information Commission And 2 Ors.

Public Banks Cannot Claim Privacy Exemptions for Disclosing Kisan Credit Card Loan Beneficiary Details. Assam Gramin Vikash Bank vs The Assam Information Commission And 2 Ors.. Gauhati High Court. LawLens
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In brief

The question

1. Whether the information regarding KCC loan beneficiaries and their land records held by a public sector bank is exempt from disclosure under the RTI Act

The court held

The Court dismissed the writ petition and upheld the Commission's order dated 19.05.2018.

It also directed

It held that the direction for inspection of voluminous records for Query 1 was proper and that there was no jurisdictional error in requiring the Bank to justify exemptions for Queries 3 and 6.

The interim stay was vacated, and the Bank was directed to comply with the Commission's directives.

01Facts

The Respondent No. 3 filed an RTI application on 30.10.2017 with the Public Information Officer (PIO) of the Petitioner Bank seeking details regarding farmers granted loans under the Kisan Credit Card (KCC) Scheme from January 2007 to late 2017.

p. 3

Specifically, information was sought regarding names, addresses, loan amounts, land records (Jamabandi), insurance collections, repayment details, and field inspection reports.

pp. 3-4

The Bank denied the information, claiming exemption under Sections 8(1)(d), (e), and (j) of the RTI Act, asserting a duty of secrecy regarding customer affairs.

p. 5

Following an appeal to the Chief Information Officer, which partially granted information but excluded Queries 3 and 6, the Respondent No. 3 approached the Assam Information Commission.

p. 5

The Commission, on 19.05.2018, ordered the Bank to allow inspection of voluminous records for Query 1 and directed the Bank to either justify the exemption for Queries 3 and 6 in writing or provide the data.

pp. 5-6

The Bank challenged this order via a writ petition.

p. 7

02Issues

i.1. Whether the information regarding KCC loan beneficiaries and their land records held by a public sector bank is exempt from disclosure under the RTI Act

p. 7 / para 11

ii.2. Whether the State Information Commission committed a jurisdictional error by directing the Bank to justify exemptions for specific queries before final disclosure

p. 8 / para 12

03Law Applied

The Court applied the Right to Information Act, 2005, specifically Sections 8(1)(d), (e), and (j) concerning exemptions for commercial confidence, fiduciary relationships, and personal privacy.

p. 5

The Court balanced these against the principle of public interest inherent in the functioning of public sector banks.

p. 7

The case also touched upon the nature of public records under the RTI Act, distinguishing between private documents and public documents like Jamabandis (land records) and land revenue receipts.

p. 7

Provisions in the judgment · 2 · Linked ones open on LawLens

Right to Information Act, 2005 Section 6Section 8

04Reasoning

The Court observed that the Petitioner is a public bank, not a private entity, and the loans in question were disbursed through public funds under a government scheme (KCC).

p. 7

Regarding Query 1, the Court held that land records like Jamabandis and revenue receipts are essentially public documents; thus, providing the names of beneficiaries does not constitute a violation of privacy or commercial secrecy.

p. 7

It reasoned that there is a significant "public interest" in disclosing how such loans are disbursed.

p. 7

Regarding Queries 3 (loan repayment/additional loan info) and 6 (field inspection reports), the Court noted that the Commission had not issued a blanket order to disclose but had reasonably granted the Bank "liberty to provide justification" for non-disclosure.

p. 8

The Court found that the Bank’s decision to challenge the order rather than providing the required justification was unwarranted.

p. 8

05Holding

The Court dismissed the writ petition and upheld the Commission's order dated 19.05.2018.

p. 8

It held that the direction for inspection of voluminous records for Query 1 was proper and that there was no jurisdictional error in requiring the Bank to justify exemptions for Queries 3 and 6.

pp. 7-8

The interim stay was vacated, and the Bank was directed to comply with the Commission's directives.

p. 8
Gauhati High Court

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Assam Gramin Vikash BankvsThe Assam Information Commission And 2 Ors.

Gauhati High Court · June 24, 2026

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