Central Information Commission
Bimal Kishore vs State Bank Of India on 26 November, 2018
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग
, मुिनरका
Baba Gangnath Marg, Munirka
नई द
ली, New Delhi - 110067
िशकायत सं
या / Complaint No. CIC/SBIND/C/2017/136604
Bimal Kishore ...िशकायतकता /Complainant
VERSUS
बनाम
CPIO, State Bank of India, Region- ... ितवादीगण /Respondents
I, Delhi Zonal Office-II, New
Delhi
ORDER
1. A Show Cause Notice was issued to the Central Public Information Officer (CPIO), State Bank of India, Region-I, Delhi Zonal Office-II, Sansad Marg, New Delhi for explaining as to why action under Section 20(1) of the RTI Act should not be initiated against him for not providing satisfactory reply in response to the RTI applications in the above said complaint to the complainant. The CPIO was directed to appear before the Commission on 24.05.2018 at 10.30 a.m. along with a copy of his written explanation.
Page 1 of 6Hearing on 24.05.2018:
2. The respondent Shri Deep Chand, Deputy General Manager (B&O), State Bank of India, Administrative Office, Vijayawada attended the hearing through video conferencing.
3. The respondent requested the Commission to grant him some more time to enable him to file a detailed explanation in the matter.
Interim Decision:
4. The Commission considered the request of the respondent and adjourns the matter to 30.08.2018 at 10.30 am.
Hearing on 30.08.2018:
5. The respondent Shri Deep Chand, the then CPIO and Deputy General Manager (B&O), State Bank of India, Administrative Office, Vijayawada was present in person.
6. The respondent submitted that in the above-said complaint he had furnished reply to the complainant in response to the RTI applications. However, in compliance with the FAA's order dated 28.07.2016, the subsequent reply was provided to the complainant by the then CPIO, Shri Dinesh Kumar, Regional Manager State Bank of India, Region-II, Administrative Office, 11, Sansad Marg, New Delhi, vide letter dated 16.01.2017. Hence, it cannot be said that he is responsible for the subsequent reply furnished to the complainant vide letter dated 16.01.2017.
Page 2 of 6Interim Decision:
7. The Commission, after hearing the submissions of the respondent and perusing the records, notes that the preliminary reply in response to the RTI application was provided by Shri Deep Chand, the then CPIO and Deputy General Manager (B&O), State Bank of India, Administrative Office, Vijayawada.
However, the written explanation submitted by the respondent in response to the Show Cause Notice is not satisfactory. Hence, in the interest of justice one last opportunity is provided to him to submit his written explanation in the matter once again.
8. The Commission also notes that subsequent to the FAA's order dated 28.07.2016, the reply dated 16.01.2017 were furnished to the complainant by the then CPIO, Shri Dinesh Kumar, Regional Manager State Bank of India, Region-II, Administrative Office, 11, Sansad Marg, New Delhi. However, the Show Cause Notice has been issued only to Shri Deep Chand, the then CPIO and Deputy General Manager (B&O), State Bank of India, Administrative Office, Vijayawada. The Commission, therefore, directs the Registry of this Bench to issue a Show Cause Notice to the then CPIO, Shri Dinesh Kumar, Regional Manager, State Bank of India, Region-II, Administrative Office, 11, Sansad Marg, New Delhi for explaining as to why action under Section 20(1) of the RTI Act should not be initiated against him. The respondent Shri Deep Chand, the then CPIO and Deputy General Manager (B&O), State Bank of India, Administrative Office, Vijayawada shall ensure that a copy of this order is served upon the then CPIO, Shri Dinesh Kumar, Regional Manager, State Bank of India, Region-II, Administrative Office, 11, Sansad Marg, New Delhi.
Page 3 of 69. The matter is adjourned to 19.11.2018 at 11.00 pm. Hearing on 19.11.2018:
10. The respondent Shri Deep Chand, the then CPIO and Deputy General Manager (B&O), State Bank of India, Administrative Office, Vijayawada, Shri Dinesh Kumar, the then CPIO and Regional Manager, SBI Administrative Office, Delhi Zonal Office-IV, New Delhi, Shri Anukool Yadav, Manager (Law) and Shri Manish Kumar, Manager (HR), were present in person.
11. The respondent, Shri Dinesh Kumar, submitted that the statements regarding the transfers/redeployment made by the bank are confidential in nature and cannot be made available to an outsider. The complainant being a staff member, ought to have been aware of this. Hence, he was informed vide letter dated 16.01.2017 that 'being a staff member, you are well aware of the rules'. The respondent admitted that the appellant had sought only the letter numbers and the dates vide which the statements along with the numbers of transfers reported in each of the letters were furnished to the HR Department. The respondent, however, could not explain as to why the afore-mentioned information was not furnished inspite of the FAA's instruction to provide a suitable reply, as the complainant has not sought the list of transfers/redeployment made by the bank. The respondent tendered his unconditional apology for this lapse and requested the Commission to condone the same.
Decision:
12. The Commission, after hearing the submissions of the respondent and perusing the records, observes that the FAA vide order dated 28.07.2016 had Page 4 of 6 directed the CPIO to provide a suitable reply to the complainant in response to his RTI application. However, instead of furnishing of suitable reply to the complainant, the then CPIO, Shri Dinesh Kumar, in his reply dated 16.01.2017 stated that being a staff member, the complainant is well aware of the rules. Moreover, the information sought has been deliberately denied as providing the letter numbers, dates of statements sent for all quarters for the FY 2010-11 to FY 2013-14 along with the number of transfers reported is neither confidential nor covered under any of the exemptions specified in Section 8 of the RTI Act. Further, the information sought should have been provided irrespective of the fact that the complainant is an employee of the Bank or not. However, the respondent could not explain as to why the information, as per the available records, was not furnished to the complainant. The Commission, therefore, surmises that, perhaps, the respondent had knowingly denied the information to the complainant. Shri Dinesh Kumar, Regional Manager and the then CPIO, State Bank of India, SBI Administrative Office, Delhi Zonal Office-IV, New Delhi is, therefore, liable to be penalized. The Commission, however, in view of the unconditional apology tendered by the respondent, imposes a token penalty of Rs. 2500/- only (Rupees Two Thousand Five Hundred only) on Shri Dinesh Kumar, Regional Manager and the then CPIO, State Bank of India, SBI Administrative Office, Delhi Zonal Office-IV, New Delhi, under the provisions of Section 20(1) of the RTI Act for denying information to the complainant.
13. The General Manager (NW-I) and Appellate Authority, State Bank of India, Local Head Office, 11, Sansad Marg, New Delhi is directed to recover the amount of Rs. 2500/- (Rupees Two Thousand Five Hundred only) from the salary payable Page 5 of 6 to Shri Dinesh Kumar, the then CPIO and Regional Manager, State Bank of India, SBI Administrative Office, Delhi Zonal Office-IV, New Delhi, by way of Demand Draft drawn in favour of "PAO CAT", New Delhi. The draft should reach the Commission by 18.01.2019. The Demand Draft should be sent to the Deputy Registrar (CR-II), email: [email protected], Room No. 106, First Floor, Central Information Commission, Baba Gangnath Marg, Munirka, New Delhi-110067.
14. Copy of the decision be provided free of cost to the parties.
Sudhir Bhargava (सुधीर भाग व) Information Commissioner (सूचना आयु ) दनांक / Date 20.11.2018 Authenticated true copy (अिभ मािणत स यािपत ित) S. S. Rohilla (एस. एस. रोिह ला) Dy. Registrar (उप-पंजीयक) 011-26105682 / [email protected] Addresses of the parties:
1. The First Appellate Authority (FAA) State Bank of India, Region-II, Administrative Office, Delhi Zonal Office-IV, 11, Sansad Marg, New Delhi- 110001
2. The Central Public Information Officer (CPIO), State Bank of India, Region-II, Administrative Office, Delhi Zonal Office-IV, 11, Sansad Marg, New Delhi- 110001
3. Shri Bimal Kishore, Page 6 of 6