Central Information Commission
Priyanka Tyagi vs Reserve Bank Of India on 30 September, 2017
CENTRAL INFORMATION COMMISSION
2nd Floor, 'B' Wing, August Kranti Bhawan,
Bhikaji Cama Place, New Delhi -110066
Tel : +91-11-26186535
Appeal No.CIC/MP/A/2014/002534
Appellant: Priyanka Tyagi
Respondent: Central Public Information Officer
Institute of Banking Personnel Selection, IBPS
House, Nr. Thakur Polytechnic, 90 Feet D.P. Road,
Off. Western Express Highway, P.B. No. 8587,
Kandivali (E), Mumbai-400101
Date of Hearing: 29.09.2017
Dated of Decision: 29.09.2017
ORDER
Facts:
1. The appellant filed RTI application dated 03.04.2014 seeking information regarding her interview mark etc.
2. The IBPS responded on 02.06.2014 and 26.05.2014 stating that it does not come under purview of the RTI Act. The appellant filed first appeal with the first appellate authority (FAA) on 12.05.2014. The FAA's response is not on record. The appellant filed second appeal on 19.12.2014 before the Commission on the ground that information should be provided to her. Hearing:
3. The appellant participated in the hearing in person. The respondent did not participate in the hearing.
4. The appellant stated that she had appeared in IBPS CWE PO/MT-III interview on 09.01.2014. The appellant stated that her interview was good but she had not been selected. The appellant stated that the sought for information viz marks of the interview, has not been provided to her. Discussion/ observation:
5. The Commission is of the view that this Commission vide decision No. CIC/DS/A/2011/000802 dated 04.09.2017 has held that the IBPS is not a public authority under section 2(h) of the RTI Act. Hence, it does not come under the purview of the RTI Act.1
6. The Commission observed that the IBPS is conducting various exams and interviews of fresh candidates for recruitments and promotions for the Public Sector Banks, Public Sector Insurance Companies etc. It is not giving replies to the queries/grievance of the candidates and employees participating in the exam/interview process on the ground that IBPS is not a public authority under section 2(h) of the RTI Act. Hence, it does not come under the purview of the RTI Act. IBPS makes its recommendations to the concerned Banks etc. Based on that, promotion/ recruitment etc take place.
The Commission is of the view that public authorities like Public Sector Banks, Public Sector Insurance Companies etc. should evolve a system to ensure accountability and transparency in the recruitment of fresh candidates and promotion of employees. The Commission is of the view that the IBPS is working as an outsourced agent for the public authorities viz Banks etc. The present situation is that IBPS is not a public authority. The Banks, Insurance Companies etc. in the public sector are public authorities. In pursuance of the RTI Act, 2005, these public authorities are fully responsible as per the RTI Act, 2005 to maintain transparency and accountability in fresh recruitments and promotions. However, today neither Bank/Insurance Cos., nor IBPS is providing this information. The Commission is of the view that since IBPS is not a public authority, Banks and Insurance Companies should be answerable to the candidates/employees/public for providing information on recruitment/promotion process. They should also address grievances in the matters. The Commission is receiving large number of appeals/complaints and grievances with regard to recruitment/promotion process followed by IBPS.
7. This shows the need for transparency and the need to ensure that recruitment/promotion process of banks etc. are above board. Section 2(f) of the RTI Act reads as follows:-
"(f) "information" means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any 2 private body which can be accessed by a public authority under any other law for the time being in force."
In view of this, it is essential that Banks/Insurance Companies should provide information after getting records from IBPS. Where recruitment is being done for several Banks, a nodal Bank should be appointed which should receive all records from IBPS and reply to RTI applications and grievances etc. This measure is necessary to restore the confidence of the public in the recruitment/promotion process of the banks, insurance companies. Wide publicity to this arrangement should be given to enable candidates/employees/public to lodge RTI applications. Decision:
8. No intervention is required in the matter at the level of this Commission.
9. The Director, IBPS, is advised to reply tothe appellant's letter, even if it is not a public authority, in the interest of transparency and accountability.
10. The Secretary, Department of Financial Services, Ministry of Finance is advised to take necessary action keeping in view the observations of this Commission in the para 7 above.
The appeal is disposed of. Copy of the order be given to the parties free of cost.
(Radha Krishna Mathur) Chief Information Commissioner Authenticated true copy (S.C.Sharma) Dy. Registrar Copy to: The Secretary, Department of Financial Services (Banking Division), Ministry of Finance, Jeevan Deep Building, Sansad Marg, New Delhi-110001.
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