Jitendra Kumar vs Union Bank Of India on 15 March, 2022

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Central Information Commission

Jitendra Kumar vs Union Bank Of India on 15 March, 2022

1. The issues under consideration arising out of the second appeal dated 12.09.2019 include non-receipt of the following information sought by the appellant through the RTI application dated 10.03.2019 and first appeal dated 02.05.2019:-

(i) Whether an AGM (scale 5) is empowered to transfer a scale 2 Branch head midterm i.e. other than general transfer. If so, quote the regulation number and the relevant clause.

(ii) Why is the distance restriction to depute any officer to any other branch on deputation?

(iii) An officer is transferred in a branch at a distance of 395km. Can bank give him work assignment of another city during his 15 days hotel stay period?

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2. Succinctly facts of the case are that the appellant filed an application dated 10.03.2019 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Union Bank of India, Mangaluru, seeking aforesaid information. The CPIO vide letter dated 05.04.2019 replied to the appellant. Aggrieved with the same, the appellant filed first appeal dated 02.05.2019. The First Appellate Authority (FAA) did not pass any order. Aggrieved by that, the appellant filed a second appeal dated 12.09.2019 before the Commission which is under consideration.

3. The appellant has filed the instant appeal dated 12.09.2019inter 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 05.04.2019 and the same is reproduced as under :-

(i) "The information sought by you is in the nature of a query and the same does not fall within the definition of information as mentioned under section 2(f) of the RTI Act.

     (ii)      No such restriction.
     (iii)     The information sought by you is in the nature of a query and the same does

not fall within the definition of information as mentioned under section 2(f) of the RTI Act."

The FAA did not pass any order.

5. The appellant remained absent and on behalf of the respondent Shri A K Singh, CPIO, Union Bank of India, Dakshina Kannada, attended the hearing through video conference.

5.1. The respondent while defending the CPIO's reply case inter alia submitted that they had provided point-wise reply to the appellant vide letter dated 05.04.2019. They informed that information sought by the appellant was in the form of query which did not fall within the definition of "information" as defined under section 2 (f) of the RTI Act.

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6. The Commission after adverting to the facts and circumstances of the case, hearing the respondent and perusal of records, observed that due reply was given by the respondent vide letter dated 05.04.2019. Moreover, the appellant neither filed any written objection nor presented himself before the Commission to controvert the averments made by the respondent and further agitate the matter. Hence, the submissions of the respondent were taken on record. The Commission is of the view that there is no public interest in further prolonging the matter. Accordingly, the appeal is dismissed.

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

Sd/-

(Suresh Chandra) (सुरेश चं ा) Information Commissioner (सूचना आयु ) दनांक/Date: 14.03.2022 Authenticated true copy R. Sitarama Murthy (आर. सीताराम मूत ) Dy. Registrar (उप पंजीयक) 011-26181927(०११-२६१८१९२७) Addresses of the parties:

CPIO :

1. Central Public Information Officer, Union Bank of India, REGIONAL OFFICE -MANGALORE, 2nd Floor, Central Office Annexe, Mangaladevi Temple Road, Pandeshwar, Mangaluru -575001 First Appellate Authority, Union Bank of India, REGIONAL OFFICE -MANGALORE, 2nd Floor, Central Office Annexe, Mangaladevi Temple Road, Pandeshwar,Mangaluru - 575001 Jitendra Kumar Page 3 of 3

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