Kirpal Singh vs Indian Overseas Bank on 25 April, 2023

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Central Information Commission

Kirpal Singh vs Indian Overseas Bank on 25 April, 2023

1. The issue under consideration arising out of the second appeal dated 21.01.2021 include non-receipt of the following information sought by the appellant through the RTI application dated 03.06.2020 and first appeal dated 24.08.2020:-

(i) Copy of such Central Office Circular which prohibited him to claim Halting Allowance for going beyond 8 KM away from ARM Branch Chandigarh to other State of Haryana and Punjab for the official/NPA recovery purpose and for spending more than 4 hours or 8 hours as per the requirement of office work and empower RO Chandigarh for not to sanction Halting Allowance in such cases, under section 2 (f &i).

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(ii) Copy of such Central Office Circular which prohibits to claim local conveyance charges from Ghaziabad to Delhi and vise a versa for two days by own car with prior RO Chandigarh permission/sanction and empower RO Chandigarh for not to sanction it, under section 2 (f &i).

(iii) Information of adverse action which could be against The Chief Regional Manager Shri Jagannadan Ganesan as per officer Employees (Discipline & Appeal) Regulation for violation of extent guidelines for not sanctioning Halting Allowance and Local Conveyance etc and for exploitation of staff across the region, under section 2 (f &i).

(iv) Information of the disciplinary action against employees / officers of Indian Overseas Bank are disposed off by Disciplinary Authorities as per guidelines in force, in the following format u/s 2(f) of the RTI Act:

Details of officer/Executive numbers Period in which Total number of Disciplinary Disciplinary Disciplinary Disciplinary disciplinary action NPA action disposed action disposed action disposed action and not eligible for action accounts/frauds off within the off after 6 off after 1 year disposed off at due to NPA eligible for time permitted of months to 1 year & advised to the all Accounts/Frauds disciplinary action 6 months& & advised to the CSOs advised to the CSOs CSOs 01.04.15 to 31.03.16 01.04.16 to 31.03.17 01.04.17 to 31.03.18 01.04.18 to 31.03.19 01.04.19 to 31.03.20 Page 2 of 7 Details of Clerks/Subordinate Staff in numbers Period in which Total number of Disciplinary Disciplinary Disciplinary Disciplinary disciplinary action NPA action disposed action disposed action disposed action and not eligible for action accounts/frauds off within the off after 6 off after 1 year disposed off at due to NPA eligible for time permitted of months to 1 year & advised to the all Accounts/Frauds disciplinary action 6 months & & advised to the CSOs advised to the CSOs CSOs 01.04.15 to 31.03.16 01.04.16 to 31.03.17 01.04.17 to 31.03.18 01.04.18 to 31.03.19 01.04.19 to 31.03.20

v) Please provide the information of appeals preferred by the employees/officers of Indian Overseas Bank to Appellate Authorities against the order of Disciplinary Authorities, appeals disposed off as per guidelines in force i.e well within the time permitted after expiry of time permitted but before expiry of penalty period, after expiry of penalty period and not disposed off at all, in the following format u/s 2 (f) Details of officers /executives in numbers Period in which Total number Appeals disposed Appeals disposed Appeals Appeals not appeals preferred of appeals off within 90 off after expiry of disposed off after disposed of at all preferred days time 90 days time expiry of penalty permitted & permitted and period & advised advised to the before expiry of to the appellant appellant penalty period & advised to the appellant 01.04.18 to 31.03.19 01.04.19 to31.03.20 Page 3 of 7 Details of officers /executives in numbers Period in which Total number Appeals disposed Appeals disposed Appeals Appeals not appeals preferred of appeals off within 90 off after expiry of disposed off after disposed of at all preferred days time 90 days time expiry of penalty permitted & permitted and period & advised advised to the before expiry of to the appellant appellant penalty period & advised to the appellant 01.04.18 to 31.03.19 01.04.19 to31.03.20

vi) Please provide the information of Review Petitions preferred by the employees/officers of Indian Overseas Bank to Reviewing Authorities against the order of Appellate Authorities, Review Petitions disposed off as per guidelines in force i.e well within the time permitted after expiry of time permitted but before expiry of penalty period, after expiry of penalty period and not disposed off at all, in the following format u/s 2 (f) Details of officers /executives in numbers Period in which Total number Review Petitions Review Petitions Review Petitions Review Petitions Review Petitions of Review disposed off disposed off after disposed off after not disposed of preferred Petitions within 90 days expiry of 90 days expiry of penalty at all preferred time permitted & time permitted period & advised advised to the and before to the Petitioners Petitioners expiry of penalty period & advised to thePetitioners 01.04.18 to 31.03.19 01.04.19 to31.03.20 Page 4 of 7 Details of Clerks/Subordinate staff in numbers Period in which Total number Review Petitions Review Petitions Review Petitions Review Petitions Review Petitions of Review disposed off disposed off after disposed off after not disposed of preferred Petitions within 90 days expiry of 90 days expiry of penalty at all preferred time permitted & time permitted period & advised advised to the and before to the Petitioners Petitioners expiry of penalty period & advised to thePetitioners 01.04.18 to 31.03.19 01.04.19 to31.03.20

2. Succinctly facts of the case are that the appellant filed an application dated 03.06.2020 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Indian Overseas Bank, Chennai, Tamilnadu, seeking aforesaid information. The CPIO vide letter dated 28.07.2020 replied to the appellant.

Aggrieved by the same, the appellant filed first appeal dated 24.08.2020. The First Appellate Authority(FAA) vide order dated 03.10.2020 disposed of the first appeal. Aggrieved by that, the appellant filed second appeal dated 21.01.2021 before the Commission which is under consideration.

3. The appellant has filed the instant appeal dated 21.01.2021 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 replied vide letter dated 28.07.2020 and the same is reproduced as under:-

"i) The halting allowance were not paid as same is not payable for visiting the tricity branches. Conveyance allowance is sanctioned to the member.

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ii) The applicant had submitted the TA bill of Rs. 13620.00 dated 06.03.2020 and full amount was sanctioned. Subsequently Rs.1440 relating to conveyance allowance was recovered due to non-eligibility of the applicant to travel from Ghaziabad to Delhi (Home town) and back for 2 days as he was eligible for holding allowance.

iii) Rs. 1440.00 relating to conveyance allowance was not sanctioned to the applicant due to non-eligibility of the member to travel from Ghaziabad to Delhi (Home town) and back for 2 days as he was eligible for halting allowance.

iv,v,vi) The information sought for are confidential in nature and same containing sensitive official matter which has no relationship to any public activity or interest. Hence information sought for is exempted under section 8 (1) (d) of the RTI Act, 2005."

The FAA vide order dated 03.10.2020 agreed to the reply given by the CPIO.

5. The appellant and on behalf of the respondent Ms R Mahalakshmi, CPIO, Indian Overseas Bank, Chennai, attended the hearing through video conference.

5.1. The appellant inter alia submitted that the respondent had not provided the requisite information till the date of hearing.

5.2. The respondent while defending their case inter alia submitted that the appellant had raised a grievance regarding representation seeking halting allowance and local conveyance, etc. They further stated that they had considered his representation and had disposed the same on 28.07.2020. Further, the appellant had raised hypothetical queries and the same was not covered within the definition of "information" under section 2 (f) 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 respondent had given reply. The perusal of the RTI application reveals that the appellant had sought reasoning or basis of Page 6 of 7 decisions of the authorities. It was not the case that the appellant sought guidelines on Halting Allowance and Local Conveyance. He wanted particular provisions which authorized the authorities to deny such allowances which was in the form of clarifications. It may be noted that in case the appellant had a grievance regarding allowances, he may approach an appropriate forum for redressal of his grievance. However, at the most the respondent could be directed to provide the relevant guidelines about eligibility of allowances, conveyance, etc. and update the same in public domain, if not already done so, within four weeks from the date of receipt of this order. Further, the remaining points in the RTI application being hypothetical in nature and not being compiled in the format, the same may not be directed to be created. With these observations and directions, the appeal is disposed of.

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

Sd/-

(Suresh Chandra) (सुसुरेशचं ा) ा सूचनाआयु ) Information Commissioner (सू दनांक/Date: 24.04.2023 Authenticated true copy R. Sitarama Murthy (आर. सीताराममूत#) Dy. Registrar (उपपंजीयक) 011-26181927(०११-२६१८१९२७) Addresses of the parties:

The CPIO Indian Overseas Bank P.B. 763, Indian Overseas Bank, IIIrd Floor, Annex Building, Anna Salai, Chennai, Tamilnadu-600002 First Appellate Authority Indian Overseas Bank P.B. 763, Indian Overseas Bank, IIIrd Floor, Annex Building, Anna Salai, Chennai Tamilnadu-600002 Shri Kirpal Singh Page 7 of 7

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