Central Information Commission
Mr.Ashok Kumar M Pandya vs Bank Of India on 15 June, 2012
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2012/001270/19266
Appeal No. CIC/SG/A/2012/001270
Relevant Facts emerging from the Appeal
Appellant : Mr. Ashok Kumar Pandya
16/A, Kisan Complex,
Maninagar Char Rasta,
Ahmedabad-380 008
Respondent : Mr. Krishna Kumar,
CPIO & Dy. Zonal Manager Bank of India, Bhadra, Ahemedabad-380 008 RTI application filed on : 23/12/2011 PIO replied : 10/01/2012 First appeal filed on : 16/01/2012 First Appellate Authority order : 14/02/2012 Second Appeal received on : 20/04/2012 Sl. Information Sought Reply of the Public Information Officer (PIO)
1. Furnish the certified copy of the Bank's approved There is no such approved scheme of the bank to give scheme under which the legal support extended to support to an employee who is implicated in criminal Shri. Bhola Ramjee Prasad. proceedings. Since Mr. Bhola Ramjee Prasad is implicated in the criminal proceedings purported to have been committed while discharging his official duties hence the bank has decided to support him (including two other officers in the same account) in court proceedings.
2. Whether any officer including Shri Bhola Ramjee A. Mr. Y.V. Champaneri, (C.M.), Credit Department Prasad of Bank of India was extended such legal ZO (he is also implicated as co accused with Mr. support in Bank of India? If yes, please give following Bhola Ramjee Prasad proceedings).
information:- B. Mr. Thailramani, advocate appeared in the lower
A. Names and designation of such officers; court (Sessions Court). Advocate not yet claimed
B. Names of the advocates hired by the bank for the fee.
extending legal support, amount of advocates' C. There is no separate sanction for Mr.Y.V.
fees paid and payable in each cases; Champaneri so far obtained for the fee to be paid to
C. Names and designations of the sanctioning the advocate.
authorities, dates of sanction and amount D. There is no committee for sanction of legal fee. The
sanctioned; concerned department has not put up any Memo to
D. Copy of the application for availing legal the Competent Authority for payment of the fees so
support, file noting, memo put up and remark far.
of the committee before which the proposals E. As there is no committee nor Memo was put up, the
for sanction of legal support were put up; question of giving the particulars does not arise.
E. Names and designation of the committee F. Since promotion policy is internal and confidential
members sanctioning legal support in each document of the bank, you may verify the said
case; document in our H.R. department at any time with
F. Copy of bank's PROMOTION POLICY prior appointment over the phone.
under which Shri Bhola Ramjee Prasad was G. From 29.09.2010 to 31.10.2010 (including arrest
promoted from JMG II to JMG III. and release dates)
G. From which date to which date Shri Bhola H. Mr. Bhola Ramjee Prasad was under suspension
Ramjee Prasad was in police custody and from 30.09.2010 to 31.10.2010.
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judicial custody?
H. From which date to which date Bhola Ramjee
Prasad was suspended from his official duty?
3. Furnish unauthorized absence dates of Shri Y.V. Shri Y.V. Champaneri was on unauthorized absence from Champaneri for the period 01.10.2010 to 05.12.2010 07.10.2010 to 05.12.2010 (not from 01.10.2010 as and supply details of action taken thereupon. mentioned in your application). For that period, Mr.Y.V. Champaneri was paid salary by the department. However, later on it was recovered from him and for his unauthorized absence, no action has been contemplated.
Grounds for the First Appeal:
Incomplete and unsatisfactory information provided by the PIO. Order of the First Appellate Authority (FAA):
Appeal disposed off.
Grounds for the Second Appeal:
Incomplete and unsatisfactory information provided by the PIO and appeal disposed off by the FAA.
Relevant Facts emerging during Hearing:
The following were present Appellant: Mr. Ashok Kumar Pandya on video conference from NIC-Ahmedabad Studio; Respondent: Mr. G. V. Rao, Manager (Law) on behalf of Mr. Krishna Kumar, CPIO & Dy. Zonal Manager on video conference from NIC-Ahmedabad Studio;
The Appellant states that in response to query-1 the PIO has stated that there is no approved Bank scheme under which the legal support to Shri Bhola Ramji Prasad has been extended. The Appellant states that Circular no. 100/205 dated 22/03/2007 regarding scheme for extending legal and financial support to the whole time directors as also to the officers against whom motivated false complaints have been made by the people/agencies out side the bank. The Respondent states that the purpose of scheme mentioned in the said circular does not apply in the present case and therefore the said circular is not applicable in the present case.
As regards query 2(b)&(c) the respondent states that no information was available at the time the RTI application ahs been made. The commission recognizes that the PIO had therefore given the correct information when the RTI application had been made. The PIO however, confirms that the information is now available and hence he is directed to provide this to the Appellant to avoid multiple RTI applications. As regards query 2(f) the PIO has denied the information claiming confidentialities. Right to Information is a fundamental right of citizens and denial of information must be based on the provisions of Section 8(1) of the RTI Act. Since no exemption under Section 8(1) of the RTI Act has been claimed by the PIO the Commission does not uphold his claim for non-disclosure. The Commission directs the PIO to provide the promotion policy to the Appellant.
Decision:
The Appeal is allowed.
The PIO is directed to provide the information as directed above to the Appellant before 10 July 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 15 June 2012 (In any correspondence on this decision, mention the complete decision number.) (AP) Page 2 of 2