Central Information Commission
Rajesh Kumar Sharma vs Oriental Bank Of Commerce on 18 January, 2022
Author: Suresh Chandra
Bench: Suresh Chandra
के ीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमाग,मुिनरका
Baba GangnathMarg, Munirka
नईिद ी, New Delhi - 110067
ि तीयअपीलसं ा / Second Appeal No.CIC/OBKOC/A/2017/603272
Rajesh Kumar Sharma ... अपीलकता/Appellant
VERSUS
बनाम
CPIO: Punjab National Bank (Earlier
Oriental Bank of Commerce), Amritsar ... ितवादीगण/Respondents
Relevant dates emerging from the appeal:
RTI : 20.05.2016 FA : 24.06.2016 SA : 06.08.2016 CNC : 14.01.2019
CPIO: No Reply FAO : No Order Order : 05.12.2018 Hearing : 06.01.2022
CORAM:
Hon'ble Commissioner
SHRI SURESH CHANDRA
ORDER
(12.01.2022)
1. The issue under consideration is the complaint of non-compliance (CNC) of CIC's order dated 05.12.2018in this matter.
2. Succinctly facts of the case are that the appellant filed an application dated 20.05.2016under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO),Punjab National Bank (Earlier Oriental Bank of Commerce), Amritsar, seeking following information:-
Part-1-Contacts of Electrification of branches Page 1 of 7 Contract for electrification of Following branches were given to M/s. Raj Electric Works. 1.Manawala 2. Rayya 3. Khadoor Sahib 4. Attari 6. Tarsikka 7. Verka 8. Jandiala Guru 9. Nangali 10. Mahal 11. Harsha Chinna 12. Ajnala 13. Majitha 14. Chabhal 15. Varpal ATM 16.Fatehgarh Churian 17. Gurdaspur 18. Sukerpura Batala
19.Sri Hargobindpur 20.Kahnuwan 21. Naushera Pannua
(i) Provide copy of contract awarded, Bills of quantity(BOQ) submitted by contractor/vendor, copy of report of consultant(s) and copy of final bill passed for payment.
(ii) provide copies of quotations, tenders, invitation, bids etc received from bidder/contractors participating in bids/invitations.
(iii) Did Bank enter into any integrity pact with vendor, if yes, provide copy of same.
(iv) Provide copy of advertisement/Request for Proposal(RFP) if any, inviting tenders/bids from vendors/contractors. Provide copies of purchase committee proceedings recorded at RO level before finalization of vendor/bidders.
(v) Sales Tax Registration Certificate & latest Income Tax Clearance Certificate (ITCC) copy of vendor to whom contact was awarded during stated period be given.
(vi) List of Corporate clientele and other major Institutional clients including banks and Government departments etc served by subject vendor and empanelled by these clients.
(vii) Total number of electrical contracts awarded by bank during 2009-15. Out of these how many contracts had been awarded to vendors/bidders other than above mentioned contractor/vendor. give details, name & address of vendor, branch-wise contract amount, BoQ submitted by vendor and name of consultant who cleared the bills.
Page 2 of 7(viii) In How many cases, furnishing work in branches in Amritsar was granted to Mr. Raj Kumar Sehdev(Prop) of M/s. Raj Electrical Works. Give Detail, name of branch, cost of project.
(ix) Give Details in how many cases Quality of material and workmanship of subject vendor was rejected by the Architect / Concerned Authorities and removed by the contractor and rectified / replaced. Give details.
(x) Provide copy of report of supervision given by Architect-in-charge under every contract awarded to vendor.
(xi) In how many cases, payment was made in advance from suspense account, before completion of 50% of work. Give Details.
(xii) Provide details that All the workers of the contractor had been properly covered by an insurance policy under "Workman's Compensation act" and "Fatal Accidents Act".
(xiii) Give details about mechanism followed by bank authorities that Contractor had followed all rules / regulations in force and possessed the license for employing labour and also followed all safety measures, labor bye laws
(xiv) Give details about mechanism deployed and followed by bank authorities that CVC guidelines on awarding the contract and purchase of supplies etc had been followed.
Part -2-Purchase and Disposal of Old Record
(i) Provide copies of Technical & Financial(both) offers received by bank for disposal of old paper record from different vendors during 2009-2015.
(ii) Provide details i.e total branches, name of branch(es), branch-wise realizable proceeds of old record purchased and disposed, name of vendors engaged for disposal of record.
Page 3 of 7(iii) Did Bank enter into any integrity pact with vendor, if yes, provide copy of same.
Part-3- Purchase of computer paper and consumables
(i) Provide copies of tenders floated during 2009-2015 for purchase of computer paper and computer stationery.
(ii) Provide copies of advertisement published during stated period inviting technical and financial bids for purchase of computer papers and computer stationery etc.
(iii) Total amount of computer paper and computer stationery purchased during stated period from vendors, give details along with name of vendors, copies of financial bids(vendor wise), contact awarded, vendor-wise request for proposal(RFP).
(iv) Sales Tax Registration Certificate & latest Income Tax Clearance Certificate (ITCC) copy of vendor to whom contact was awarded during stated period be given.
(v) List of Corporate clientele and other major Institutional clients including banks and Government departments etc to whom bidder was supplying Computer Stationary be given.
(vi) Authorization certificate from HP/SAMSUNG/WEP for supply of Computer Consumables, if any by vendor(s) be given.
(vii) Did Bank enter into any integrity pact with vendor, if yes, provide copy of same.
The CPIO did not reply to the appellant, the appellant filed first appeal dated 24.06.2016. The First Appellate Authority (FAA) did not pass any order. Aggrieved by that, the appellant had filed a second appeal dated 06.08.2016 before the Commission which was heard and following directions were passed by the Commission vide order dated 05.12.2018:-
Page 4 of 7"7. The Commission, after hearing the submissions of both the parties and perusing the records, observes that the information sought vide point nos. 1, 2, 4, 7, 8, 9, 11, 13 and 14 of Part-1 of the RTI application, point nos. 1 and 2 of part2 of the RTI application and point nos. 1, 2 and 3 of part-3 of the RTI application except quotations/tenders/invitations/bids received from the unsuccessful contractors/bidders to whom the contract/work order was not awarded, is disclosable under the RTI Act. The Commission, therefore, directs the CPIO to provide information on above said points of the RTI application, after severing that part of information which relates to the personal information of third parties, the disclosure of which has no relationship to any public interest and would cause an unwarranted invasion of the privacy of the third parties and hence, the disclosure of the information sought is exempted under Section 8(1) (j) of the RTI Act, to the appellant within a period of four weeks from the date of receipt of a copy of this order under intimation to the Commission."
3. The appellant vide letter dated 14.01.2019 filed complaint for non-compliance of the order of the Commission dated 05.12.2018.
4. The CPIO in compliance of the Commission's order dated 05.12.2018 replied vide letter dated 02.07.2019.
5. The appellant and on behalf of the respondent Shri Surendra Ram, CPIO, Punjab National Bank, Amritsar, attended the hearing through video conference.
5.1. The appellant inter alia submitted that the respondent had mis-leaded the Commission by stating that the documents including letter dated 22.06.2016 had already been provided to him. The appellant further pleaded that the respondent had submitted before the Commission that the information was not available with them in another complaint [CIC/OBKOC/C/2017/144882] filed by him wherein the RTI issues were identical.
5.2 The respondent while defending their case inter alia submitted that the Circle Office of Amritsar had been shifted and thereafter the Oriental Bank of Commerce was Page 5 of 7 amalgamated into Punjab National Bank. The CPIO further submitted that they had made best possible efforts to trace the records, however, the documents were not traceable. Moreover, the complaint [CIC/OBKOC/C/2017/144882] was heard and show cause notices issued to the CPIOs were dropped by the Commission taking into consideration the facts relating to and in absence of any mala fide.
6. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of records, observed that the respondent pleaded that the information was not traceable. The respondent also pleaded that the files of OBC were not available with them and post the amalgamation into PNB they had searched their records but the documents sought were not available under their custody. In view of the above, the respondent is directed that an affidavit may be filed to that effect before the Commission that the documents including letter dated 22.06.2016 were not available under their custody and a copy of the same may be provided to the appellant within three weeks from date of receipt of this order. With these directions, the complaint for non- compliance is closed.
Copy of the decision be provided free of cost to the parties.
Sd/-
(Suresh Chandra) (सुरेशचं ा) Information Commissioner (सूचनाआयु ) िदनां क/Date: 12.01.2022 Authenticated true copy R. Sitarama Murthy (आर. सीताराममूत ) Dy. Registrar (उपपंजीयक) 011-26181927(०११-२६१८१९२७) Page 6 of 7 Addresses of the parties:
CPIO :
1. Central Public Information Office, Punjab National Bank, Zonal Office, Plot no. 10 District Shopping Complex, B-Block near Passport Office,Amritsar-143001 First Appellate Authority, Punjab National Bank, Zonal Office, Plot no. 10 District Shopping Complex, B-Block near Passport Office, Amritsar-143001 Rajesh Kumar Sharma Page 7 of 7