Radha Raman Tiwari vs Bank Of Baroda on 3 December, 2021

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Central Information Commission

Radha Raman Tiwari vs Bank Of Baroda on 3 December, 2021

1. The issues under consideration arising out of the second appeal dated 06.06.2019 include non-receipt of the following information raised by the appellant through the RTI application dated 01.01.2019 and first appeal dated 15.02.2019:-

 Authenticated copies of documents submitted at 2:33 PM on 06.06.2016 to Zonal Office, Lucknow with "check list for reporting fraud" (for the issuance of FMR - 1 in account of M/s. Mumtaz Trading Co., Chamda Mandi Branch, Kanpur) by Mr. Ravi Bhatnagar, Sr. Manager (Vigilance), Regional Office, and Kanpur.

(i) Please provide the authenticated copies of board resolution/office order/ memorandum/circular/note/policy guidelines/any other piece of document Page 1 of 7 through which any kind of authority/power was conferred upon Mr. Ravi Bhatnagar, Senior Manager (Vigilance), Regional Office, Kanpur to submit initiate/ "check list for reporting fraud" (submitted by him to Zonal Office on 06.06.2016 at 2:33 PM, via e mail) under his signature.

(ii) Please provide the authenticated copies of document, being referred as मृ यु माण प क स य ित दनांक 08.06.2016 को ा कया in application dated 11.07.2017, given by Mr. Islam, Sr. Branch Manager, Chamda Mandi Branch Kanpur to Police Authorities to register criminal case against Mr. Mumtaz Ahmed Siddiqui, Mrs. Musharrat Siddiqui and Mr. Abdul Quddus and others as quoted in para no. F under the head background of information being sought under RTI Act, 2005.

(iii) Please provide the authenticated copy of instructions/orders issued by Competent Authority, in compliance to which the piece of document, being referred as मृ यु माण प क स य ित दनांक 08.06.2016 को ा कया in application dated 11.07.2017, given by Mr. Islam, Sr. Branch Manager, Chamda Mandi Branch Kanpur to Police Authorities to register criminal case against Mr. Mumtaz Ahmed Siddiqui, Mrs. Musharrat Siddiqui and Mr. Abdul Quddus and others as quoted in para no. F under the head background of information being sought under RTI Act, 2005.

(iv) Please provide the name and designation of Executive/Officer of Bank of Baroda who obtained the piece of document, being referred as मृ यु माण प क स य ित दनांक 08.06.2016 को ा कया in application dated 11.07.2017, given by Mr. Islam, Sr. Branch Manager, Chamda Mandi Branch Kanpur to Police Authorities to register criminal case against Mr. Mumtaz Ahmed Siddiqui, Mrs. Musharrat Siddiqui and Mr. Abdul Quddus and others as quoted in para no. F under the head background of information being sought under RTI Act, 2005.

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(v) Please provide the authenticated copies of document relied upon by Mr. Ravi Bhatnagar to mention "04.06.2016" against the column "54. When was it detected?" in document, named and styled as "check list for reporting fraud", forwarded to Zonal Office on 06.06.2016 at 2:33 PM, via email, under his signature.

(vi) Please provide the authenticated copies of document relied upon by Mr. Ravi Bhatnagar to mention "he obtained certified copy of death certificate from Kanpur Nagar Nigam". Against the column "53. Who detected it?" in document, named and styled as "check list for reporting fraud", forwarded to Zonal Office on 06.06.2016 at 2:33 PM, via email, under his signature.

(vii) Please provide the authenticated copies of document relied upon by Mr. Ravi Bhatnagar to mention "The fraud detected by the Investigating Officer." against the column "53. Who detected it?" in document, named and styled as "check list for reporting fraud", forwarded to Zonal Office on 06.06.2016 at 2:33 PM, via email, under his signature.

(viii) Please provide the authenticated copies of ZIC/ZIAD report (mentioned in para G under the head background of information being sought under RTI Act, 2005) in which any irregularity/discrepancy about KYC compliance of Miftaul Anwar is pointed out as relied upon by Mr. Ravi Bhatnagar to mention "Proper KYC is not obtained from Miftaul Anwar." Against the column "37. Apparent lapses in the sanction/monitoring" in document, named and styled as "check list for reporting fraud", forwarded to Zonal Office on 06.06.2016 at 2:33 PM, via email, under his signature.

(ix) If no irregularity/discrepancy about KYC compliance of Miftaul Anwar is pointed out in any of the ZIC/ZIAD inspection/audit report (mentioned in para G) as relied upon by Mr. Ravi Bhatnagar to mention "Proper KYC is not obtained from Miftaul Anwar." Against the column "37. Apparent lapses in the Page 3 of 7 sanction/monitoring" in document, named and styled as "check list for reporting fraud", forwarded to Zonal Office on 06.06.2016 at 2:33 PM, via email, under his signature, then please provide the names and EC no. of Executives and/or officers against whom the disciplinary action was initiated or recommended for initiation, in gross violation of extant guidelines as quoted in para no. I under the head background of information being sought under RTI Act, 2005.

(x) If no irregularity/discrepancy about KYC compliance of Miftaul Anwar is pointed out in any of the ZIC/ZIAD inspection/audit report (mentioned in para G) as relied upon by Mr. Ravi Bhatnagar to mention "Proper KYC is not obtained from Miftaul Anwar." Against the column "37. Apparent lapses in the sanction/monitoring" in document, named and styled as "check list for reporting fraud", forwarded to Zonal Office on 06.06.2016 at 2:33 PM, via email, under his signature, then please provide the details of action, including discrepancy action, initiated or recommended for initiation against the Internal Auditor (s) as mentioned in para no. G under the head background of information being sought under RTI Act, 2005 in compliance to extant guidelines as quoted in para no. H under the head background of information being sought under RTI Act, 2005.

(xi) Regarding the payment of Rs. 1100/- to Mr. Kishore Kant Diwedi, Advocate on 14.06.2016, as professional fee by crediting the same to his Saving Bank Account no. 1282/01/12414 with Bank of Baroda, Gumti No. 5 Branch to the debit of OD Account no. 1282/04/170 of Regional Office, Kanpur, please furnish the authenticated copy of following:

(a) Copy of the letter issued by Bank to Mr. Kishore Kant Diwedi, Advocate, requesting for his services in the capacity of Bank's empanelled advocate for which the sum of Rs. 1100/- was paid to him.

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(b) Copy of bills/invoice, report and annexure raised, by Mr. Kishore Kant Diwedi, Advocate.

(c) Copy of Authority accorded by Regional Office Authorities/Officers to make the payment of Rs. 1100/-.

2. Succinctly facts of the case are that the appellant filed an application dated 01.01.2019 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Bank of Baroda, Kanpur, seeking aforesaid information. The CPIO vide letter dated 02.02.2019 replied to the appellant. Dissatisfied with the same, the appellant filed first appeal dated 15.02.2019. The First Appellate Authority (FAA) vide order dated 18.03.2019 disposed of the first appeal. Aggrieved by the same, the appellant filed a second appeal dated 06.06.2019 before the Commission which is under consideration.

3. The appellant has filed the instant appeal dated 06.06.2019 inter alia on the grounds that reply given by the CPIO was not satisfactory. The appellant requested the Commission to direct the CPIO to provide the complete information and take necessary action as per Section 20 (1) of the RTI Act.

4. The CPIO vide letter dated 02.02.2019 denied the information stating that information sought pertained to third party, hence it could not be provided under section 8 (1) (j) and section 11 (1) of the RTI Act. The FAA vide order dated 18.03.2019 upheld the reply of the CPIO.

5. The appellant and on behalf of the respondent Shri Dipendra Shukla, Dy. Regional Manager, Bank of Baroda, Kanpur attended the hearing through video conference.

5.1. The appellant inter alia submitted that based on a complaint of third party namely Shri Adil Mifta, disciplinary proceeding was initiated against him. He stated that he sought documents related to his departmental proceedings and the respondent had arbitrarily denied the information. He requested the Commission to direct the respondent to provide complete information free of cost.

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5.2. The respondent while defending their case inter alia submitted that information sough pertained to third party, disclosure of which had no relationship to any public activity or interest. Hence, it was claimed exemption under section 8 (1) (j) of the RTI Act.

6. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of records, observed that the reply given by the respondent was perfunctory. The appellant is not a stranger because he is adversely affected person and the information received from third party, which if relied upon by the public authority to take adverse action against the appellant being a public record could not be allowed to be exempted. Moreover, the principles of natural justice demand that no person should be condemned unheard. However, perusal of the RTI application reveals that some of the information sought by the appellant was not specific. The respondent in their reply had not dealt with as to whether such information existed or whether the same was given on demand or otherwise during the course of departmental enquiry. Accordingly, the respondent is directed to revisit the RTI application and provide revised point wise information/reply to the appellant within three weeks from the date of receipt of this order. With the above observations and directions, the appeal is disposed of.

Copy of the decision be provided free of cost to the parties.

Sd/-

(Suresh Chandra) (सुरेश चं ा) Information Commissioner (सूचना आयु ) दनांक/Date: 02.12.2021 Authenticated true copy R. Sitarama Murthy (आर. सीताराम मूत ) Dy. Registrar (उप पंजीयक) 011-26181927(०११-२६१८१९२७) Page 6 of 7 Addresses of the parties:

CPIO : BANK OF BARODA REGIONAL OFFICE, 118/330, KAUSHALPURI, GUMTI NO. - 5, KANPUR - 208 012 THE FIRST APPELLATE AUTHORITY, BANK OF BARODA, ZONAL OFFICE LUCKNOW, BARODA HOUSE, VIBHUTI KHAND, GOMTI NAGAR, LUCKNOW (U.P.) SH. RADHA RAMAN TIWARI Page 7 of 7

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