Abhishek Kumar Mishra vs Reserve Bank Of India on 28 September, 2021

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Central Information Commission

Abhishek Kumar Mishra vs Reserve Bank Of India on 28 September, 2021

1. The issues under consideration arising out of the second appeal dated 29.04.2019 include non-receipt of the following information raised by the appellant in reference to BRBNMPL and its Press at Mysuru through the RTI application dated 04.03.2019 and first appeal dated 18.03.2019:-

(i) Committees constituted under Article 177 and sub sections thereof in accordance with 'the Companies Act 2013 and as amended and effected in 2015'.

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(ii) Its (every committee like audit etc.) jurisdiction (detailed scope of investigation and reporting of its finding to the concern authority in appropriate manner) pertaining to the concerns related to employees (including managerial and KMP (Key Managerial Personnel).

(iii) Hierarchy and composition of committee, upon whom duty to investigate matters related to misconduct/abuse of power to score personal enmity or hatred against specific race, caste religion/use of unethical behavior/practice of unprofessional ethics and use of vulgar languages while discharging his/her official duty, entrusted. Name, contact details of Head of every committee or the concern to whom malpractices/irregularities shall be reported as the case may be.

(iv) Compliance status of Section 9 of Industrial Employment Act 1946, which state that "The text of the standing orders finally certified under this Act shall be promptly posted by the employer in English and in the language understood by the majority of his workmen on special board to be maintained for the purpose at or near the entrance through which the majority of workmen enter the establishment and in all departments that of where the workmen are employed"

but this provision has not been complied with so far by the employer, along with evidence.

(v) Representatives of trainees, who signed certified standing order on behalf of the class of workmen as trainees and proportional weightage given to particular class of workmen during finalization of certified standing order.

(vi) Explicit meaning of words mentioned in certified standing order such as workman, immoral and in subordination.

(vii) Due procedure to be followed to initiated any proceedings against workmen (trainees) including right from occurrence of incident, its notice to concern employee in writing or verbal (which is mandated by due procedure set out in Page 2 of 5 accordance with the law), constitution of committee to investigate the matter and its finding, opportunity to employee to present its case before the committee and final conclusion and its recording in writing and its distribution to all stake holders.

2. Succinctly facts of the case are that the appellant filed an application dated 04.03.2019 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Bhartiya Reserve Bank Note Mudran (P) Ltd., Bengaluru, seeking aforesaid information. The CPIO vide letter dated 15.03.2019 replied to the appellant. Dissatisfied with the same, the appellant filed first appeal dated 18.03.2019. The First Appellate Authority (FAA) vide order dated 10.04.2019 disposed of the first appeal. Aggrieved by that, the appellant filed a second appeal dated 29.04.2019 before the Commission which is under consideration.

3. The appellant has filed the instant appeal dated 29.04.2019 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 15.03.2019 and the same is reproduced as under :-

"1. The Board of Directors of the company has constituted an Audit Committee under section 177 of the Companies Act, 2013

2. The scope of Audit Committee is as per the Companies Act, 2013 and as delegated by the Board of Directors of the Company.

3. Information not held

4. The information sought by the applicant is not "information" as defined under section 2 (f) of the RTI Act, 2005.

5. Information not held as no trainee is a signatory in the Certified standing Orders.

6. The information sought by the applicant is not "information" as defined under section 2 (f) of the RTI Act, 2005 Page 3 of 5

7. Trainees are governed by the terms and conditions mentioned in the offer of appointment, provisions of the Certified Standing Orders of the Company, BRBNML Service Rules and other Administrative Orders/Circulars in force and as amended from time to time"

The FAA vide order dated 10.04.2019 concurred with the decision taken by the CPIO.

5. The appellant remained absent and on behalf of the respondent Shri S. Ravi Kumar, Deputy General Manager & CPIO, and Shri P K Mahana, Manager, Bhartiya Reserve Bank Note Mudram (P) Ltd., Bengaluru, attended the hearing through video conference.

5.1. The respondent while defending their case and while endorsing their reply dated 15.03.2019 inter alia submitted that the information sought was not specific in nature. The respondent further submitted that the information as available in their records was made available to the appellant.

6. The Commission after adverting to the facts and circumstances of the case, hearing the respondent and perusal of records, observes that due reply was given by the CPIO on 15.03.2019. In the absence of the appellant or any written objection being filed on his behalf, the averments made by the respondent are taken on record. Perusal of the RTI application revealed that most of the queries were not specific and were not squarely covered within the definition of "information" under section 2 (f) of the RTI Act. There appears to be no public interest in prolonging the matter further. Accordingly, the appeal is dismissed.

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

Sd/-

                                                                              सुरेश चं ा)
                                                           (Suresh Chandra) (सु        ा
                                                                           सूचना आयु )
                                                Information Commissioner (सू
                                                                 दनांक/Date: 27.09.2021
Authenticated true copy

                    आर.
                    आर सीताराम मूत )
R. Sitarama Murthy (आर             

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                उप पंजीयक)
Dy. Registrar (उप    ीयक
011-26181927(०११-२६१८१९२७)
Addresses of the parties:

CPIO : BHARTIYA RESERVE BANK NOTE
MUDRAN (P) LTD.
NO. 3 & 4, 1ST STATE, 1ST PHASE, B.T.M
LAYOUT, BANNERGHATTA ROAD,
P.B. NO. 2924, BENGALURU - 560 029


THE FIRST APPELLATE AUTHORITY,
BHARTIYA RESERVE BANK NOTE
MUDRAN (P) LTD., NO. 3 & 4, 1ST STATE,
1ST PHASE, B.T.M LAYOUT,
BANNERGHATTA ROAD, P.B. NO. 2924,
BENGALURU - 560 029


SH. ABHISHEK KUMAR MISHRA




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