Central Information Commission
Mrkuldeep Tripathy vs State Bank Of India on 7 March, 2014
Centra l Information Commission
Room No.307, II Floor, B Wing, August Kranti Bhawan, Bhikaji Cama Place, New
Delhi110066
websitecic.gov.in
Appeal: No. CIC/DS/A/2012/000577/MP
Appellant : Shri Kuldeep Tripathi,
Kanpur
Public Authority : SBI, Mumbai
Date of Hearing : 7 March 2014
Date of Decision : 7 March 2014
Facts:
1. The appellant, Shri Kuldeep Tripathi, has submitted RTI application dated 30 August 2011, before the Central Public Information Officer (CPIO), State Bank of India, Mumbai; seeking information relating to the clerical recruitment by SBI in the year 200910 with reference to his Roll No. 2215075211 etc. through a total of 3 points.
2. Vide order dated 15 November 2011, CPIO denied information sought in point No.1, on the ground that it was not available with them as such, therefore, they were unable to provide the same; denied information sought in point No. 2, u/s 8 (1)(j) of the RTI Act, 2005 and furnished information sought in point No.3 to the appellant. Not satisfied by the CPIO's reply, the appellant preferred appeal dated 6 December 2011 to the First Appellate Authority (FAA). Vide order dated 20 January 2012, FAA upheld the CPIO's decision and further clarified the same.
3. Being aggrieved and not satisfied by the above response of the public authority, the appellant preferred second appeal before the Commission.
4. The matter was heard today via videoconferencing. The appellant, Shri Kuldeep Tripathi, was not present at the hearing. The respondents, Ms Anita, CPIO/Law Officer and Shri Kulkarni, AGM (Central Recruitment Promotion Department) made submissions from Mumbai.
5. The appellant in his written submissions (second appeal) has sought information regarding the marks scored by the appellant in the Written Examination held on 22/11/2009 (recruitment of Clerk in the SBI). It was submitted by the CPIO that the information sought by the appellant in the present case is not held by the public authority as IBPS conducts the examination (recruitment of Clerk in the SBI) and all the information regarding the examination is held by the IBPS. The IBPS conducts the recruitment examination on behalf of the public authority and RTI applicant can approach the IBPS to seek the information. The Commission is of the view that the public authority is the controller of the information sought by the RTI applicant in the present case as the IBPS is only conducting the recruitment process under the guidelines/instructions of the public authority and the information may be obtained by SBI and provided to the appellant in the present case.
6. The respondents agreed to provide the information to the appellant after obtaining it from IBPS. However, it was submitted at the hearing that the information in the present case pertains to the examination conducted in the year 2009 and the IBPS does not maintain the examination records beyond six months from the declaration of the result of the examinations. They added that interview marks as obtained by the appellant had been provided to him by the CPIO. The overall aggregate marks (in all the papers) should be 35% (it may differ in individual papers) for selection. It was submitted that the reservation for exservicemen was 14.5% of the total vacancies, i.e., 11,000. Subsequently, the total number of vacancies was increased to 22,000 and thus, reservation for no of exservicemen was increased accordingly (after obtaining permission from the appropriate authorities). The total selected candidates were 2,819 as against 2,666 due to several candidates falling on common cut off points.
Decision Notice
7. The Commission directs the CPIO to check with the IBPS and provide the copies of the appellant's marksheet for 2009 examination to him within 7 days of the receipt of the order of the Commission subject to its availability. If the record is not available the CPIO will provide a copy of the letter specifying the record retention schedule to be followed by the IBPS for the destruction of the examination records. The Commission is satisfied that the information in other points has been provided by the CPIO as available with the public authority.
(Manjula Prasher) Information Commissioner Authenticated true copy:
(T.K.Mohapatra) Dy. Secretary & Dy. Registrar Copy to: Central Public Information Officer, State Bank of India, Corporate Centre, Tulsiani Chamber, 1st Floor, Nariman Point, West Wing, Free Press Journal Marg, Mumbai400021.
First Appellate Authority State Bank of India, Corporate Centre,(CRPD), Tulsiani Chamber, 1st Floor, Nariman Point, West Wing, Free Press Journal Marg, Mumbai400021.
Mr. Kuldeep Tripathi Vill & Post Brisingpur, Distt Kanpur Nagar209209, UP.