HDFC BANK LTD. & ORS versus UNION OF INDIA & ORS.

Citation: [2022] 13 S.C.R. 502 · Decided: 30-09-2022 · Supreme Court of India · Bench: BHUSHAN RAMKRISHNA GAVAI · Disposal: Dismissed
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Judgment (excerpt)

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502
SUPREME COURT REPORTS
[2022] 13 S.C.R.
HDFC BANK LTD. & ORS.
v.
UNION OF INDIA & ORS.
I.A. No. 68597 of 2021 and I.A. No. 51632 of 2022
In
Writ Petition (Civil) No. 1159 of 2019
SEPTEMBER 30, 2022
[B. R. GAVAI AND C. T. RAVIKUMAR, JJ.]
Constitution of India – Article 32 – Writ petitions, in effect,
challenging earlier judgment of Supreme Court – Maintainability
of – Finality of judgment vis-à-vis principle of ex debito justitiae –
Right to Information Act, 2005 – s.8 – Reserve Bank of India Act,
1934 – Banking Regulation Act, 1949 – Present writ petitions filed
by various Banks including private banks, inter alia, challenging
the action of the respondent-Reserve Bank of India in directing
disclosure of confidential and sensitive information pertaining to
their affairs, employees and customers under the RTI Act, which as
per them is otherwise exempt u/s.8 – IAs filed seeking dismissal of
the writ petitions contending that the writ petitions, in effect, are
challenging the final judgment and order dt. 16.12.15 passed by
Supreme Court in Reserve Bank of India vs. Jayantilal N. Mistry and
hence not maintainable – Held: In view of the judgment in Jayantilal
N. Mistry, the RBI is entitled to issue directions to the petitioners/
Banks to disclose information even with regard to the individual
customers of the Bank which in effect, may adversely affect the
individuals’ fundamental right to privacy – Nine-Judge Constitution
Bench in K.S. Puttaswamy and another has held that the right to
privacy is a fundamental right – Right to information is also a
fundamental right – In case of such a conflict, the Court is required
to achieve a sense of balance – Though, the concept of finality of
judgment has to be preserved, at the same time, the principle of ex
debito justitiae cannot be given a go-bye – If the Court finds that the
earlier judgment does not lay down a correct position of law, it is
always permissible for this Court to reconsider the same and if
necessary, to refer it to a larger Bench – Prima facie, the judgment
in Jayantilal N. Mistry did not take into consideration the aspect of
[2022] 13 S.C.R. 502
502
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balancing the right to information and the right to privacy – RBI
has issued the directions in view of the decision in Jayantilal N. Mistry
and Girish Mittal – As such, the petitioners would have no other
remedy than to approach this Court by way of writ petition u/Article
32 for protection of the fundamental rights of their customers, who
are citizens of India – Preliminary objection raised is rejected – IAs
dismissed.
A. R. Antulay v. R. S. Nayak and Another (1988) 2 SCC
602 : [1988] 1 Suppl. SCR 1; K. S. Puttaswamy and
Another v. Union of India and Others (2017) 10 SCC 1
: [2017] 10 SCR 569 – followed.
Sanjay  Singh  and  Another  v.  U. P.  Public  Service
Commission, Allahabad and Another (2007) 3 SCC 720:
[2007] 1 SCR 235 – relied on.
Reserve Bank of India v. Jayantilal N. Mistry (2016) 3
SCC 525 : [2015] 14 SCR 505; Girish Mittal  v. Parvati
V. Sundaram and Another (2019) 20 SCC 747
Contempt Petition (C) No. 928 of 2016 in Transfer
Case (C) No. 95 of 2015, decided on 26th April 2019;
Naresh Shridhar Mirajkar and Others v. State of
Maharashtra and Anr. [1966] 3 SCR 744; Anil Kumar
Barat v. Secretary, Indian Tea Association and Others
(2001) 5 SCC 42 : 2001 (1) Suppl. JT 241; Khoday
Distilleries Ltd. and Another v. Registrar General,
Supreme Court of India (1996) 3 SCC 114 : [1995] 6
Suppl. SCR 190; Mohd. Aslam v. Union of India and
Others (1996) 2 SCC 749 : [1996] 3 SCR 782; Union
of India and Others v. Major S. P. Sharma and Others
(2014) 6 SCC 351 : [2014] 4 SCR 327; Rupa Ashok
Hurra v. Ashok Hurra and Another (2002) 4 SCC 388
: [2002] 2 SCR 1006; Chief Information Commissioner
v. High Court of Gujarat and Another (2020) 4 SCC
702 : 2020 (4) JT 272; Supreme Court Advocates on
Record Association and Another v. Union of India
(2016) 5 SCC 1 : [2015] 13 SCR 1; Thalappalam
Service Cooperative Bank Limited and Others v. State
of Kerala and Others (2013) 16 SCC 82 : [2013] 14
SCR 475; Bihar Public Service Commission v. Saiyed
HDFC BANK LTD. & ORS. v. UNION OF INDIA & ORS.
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SUPREME COURT REPORTS
[2022] 13 S.C.R.
Hussain Abbas Rizwi and Another (2012) 13 SCC 61 :
[2012] 11 SCR 1032; Girish Ramchandra Deshpande
v. Central Information Commissioner and Others (2013)
1 SCC 212 : [2012] 8 SCR 1097; Manohar Joshi v.
Nitin Bhaurao Patil and Another (1996) 1 SCC 169:
[
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