BIDAR DISTRICT GENERAL CO OPERATIVE BANK LTD Vs. KARNATAKA INFORMATION COMMISSION
LAWS(KAR)-2008-7-31
HIGH COURT OF KARNATAKA
Decided on July 03,2008

BIDAR DISTRICT CENTRAL CO-OPERATIVE BANK LIMITED, BIDAR Appellant
VERSUS
KARNATAKA INFORMATION COMMISSION, BANGALORE Respondents

JUDGEMENT

- (1.) THE Petitioner/co-operative Bank is before this Court praying for quashing the impugned order dated 18. 7. 2006 on the file of respondent No. l at Annexure-D.
(2.) THE brief facts of the case leading to the filing of the Petition may be stated as under: The respondent No. 2 filed a complaint dated 26. 4. 2006 (Annexure-A) under Section 18 (1) of the Right to Information Act, 2005 (in short, 'the act') before the Karnataka Information Commission/respondent No. l seeking information regarding: (a) the names of borrowers, who have opted for onetime settlement in the last five years and (b) the names of the 160 employees appointed during the year 2005-06. The petitioner/bank filed objections to the complaint stating that the complainant is neither a Director nor a Member of the petitioner/bank and the Bank is not a "public Authority" and there was no obligation on the petitioner/bank to give the information as sought for by respondent no. 2. It is also stated that the Bank had not appointed 160 employees as alleged in the complaint. Notwithstanding the objections filed, the respondent No. l directed the petitioner/co-operative Bank by. the impugned order, to furnish the information as sought for by respondent no. 2. Therefore, the petitioner is before this Court, praying for quashing the impugned order.
(3.) THE petitioner/co-operative Bank has produced a memo along with a copy of remittance challan dated 27. 5. 1993 to the effect that the government's share capital amount of Rs. 71,00,000/- was remitted back in favour of the Government and thus the petitioner/bank is not substantially financed by the Government. It is contended that the notification dated 22. 9. 2005 issued by the registrar of Co-operative Societies at Annexure-C is not applicable to the petitioner/society. It is further submitted that merely because the Registrar of Co-operative Societies has supervisory control over the Co-operative Bank, it cannot be said that the petitioner/co-operative Bank is an authority within the scope Section 2 (h) (d)of the Act.;


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