Central Information Commission
Mr.Sunil Kumar Sharma vs United Commercial Bank (Uco) on 12 March, 2012
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2012/000091/17603
Appeal No. CIC/SG/A/2012/000091
Relevant Facts emerging from the Appeal
Appellant : Mr. Sunil Kumar Sharma
R/o: Flat A-303, Delhi Rajdhani Apartment,
Plot No.80, I.P. Extn., Delhi - 110092.
Respondent : Mr. R. K. Sharma
Public Information Officer & AGM UCO Bank, O/o The Assistant General Manager, Zonal Off: Law Deptt., 5, Parliament Street New Delhi - 110001.
RTI application filed on : 22/11/2011 PIO replied : 10/12/2011 First appeal filed on : 23/12/2011 First Appellate Authority order : 27/12/2011 Second Appeal received on : 05/01/2012 Information Sought:
1. Please provide information on the duties allotted to Shri Ranjit Banerjee, Senior Manager as in- charge of advances department of UCO Bank Delhi High Court Branch prior to issuance of office order dated 23.10.2005.
2. Please provide me information on whether it was the part of the duties of Shri Ranjit Banerjee, Sr. Manager to obtain loan documents from the borrowers to whom credit facilities are sanctioned.
3. Please provide me information on whether it was a part of the duties allocated to Shri Ranjit Banerjee to do all such acts which are necessary for creating equitable mortgage of the property(s) offered by the borrower(s).
4. Please provide me a duly authenticated transcript of the office order dated 13.10.2005 issued by the Chief Manager, 0CC Bank Delhi High Court Branch allocating duties to Shri Ranjit Banerjee, Sr. Manager.
Reply of the Public Information Officer (PIO):
5. The information asked for is third party and is exempted u/s 8(1)( j) &(h)of Right to Information Act,2005.
Grounds for the First Appeal:
Unsatisfactory reply was provided to the appellant by the PIO. Order of the First Appellate Authority (FAA):
"FAA is satisfied with the reply provided by PIO".Page 1 of 2
Grounds for the Second Appeal:
"appellant is not satisfied with the information provided by PIO and order of FAA".
Relevant Facts emerging during Hearing:
The following were present:
Appellant: Absent;
Respondent: Mr. R. K. Sharma, Public Information Officer & AGM;
The Appellant has sought information regarding the duties assigned to Mr. Ranjit Banerjee, Senior Manager as in-charge of advances department of UCO Bank Delhi High Court Branch. The PIO has refused to give this information claiming exemption under Section 8(1)(h) &(j). The activities carried out by an employee of the public authority are in the nature of public duties and Section 4(1)(b) requires these to be displayed suo-moto. Hence the PIO's denial of information is wrong.
Decision:
The Appeal is allowed.
The PIO is directed to provide the complete information as per available records to the Appellant before 30 March 2012.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties. Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi Information Commissioner 12 March 2012 (In any correspondence on this decision, mention the complete decision number.)(PRE) Page 2 of 2