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Pradhnya Vilas Penta vs Bank Of Maharashtra on 21 May, 2024

                                    के न्द्रीय सूचना आयोग
                           Central Information Commission
                                बाबा गंगनाथ मागग,मुननरका
                            Baba Gangnath Marg, Munirka
                               नई दिल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/BOMAH/A/2023/608898


 Pradhnya Vilas Penta                                          ... अपीलकताग/Appellant


                                     VERSUS
                                      बनाम
 CPIO:
 Bank of Maharashtra                                        ...प्रनतवािीगण/Respondents
 Pune

Relevant dates emerging from the appeal:

 RTI : 07.09.2022             FA     : 09.10.2022              SA     : 03.02.2023

 CPIO : 04.10.2022            FAO : 09.11.2022                 Hearing : 16.05.2024


Date of Decision: 20.05.2024
                                       CORAM:
                                 Hon'ble Commissioner
                               _ANANDI RAMALINGAM
                                      ORDER

1. The Appellant filed an RTI application dated 07.09.2022 seeking information on the following points:

Where a candidate is appointed as Legal Assistant as per the Recruitment Notification 2016-17 issued by Bank of Maharashtra which states in the heading at the top in bold letters as:

Recruitment as Legal Assistant in Clerical Cadre Page 1 of 4 We are looking for talented professionals with winning attitude to be partners in the growth journey of the Bank through shouldering the responsibility, as Legal Assistants in clerical cadre.

And where the eligibility criteria for the post states Minimum Qualification required is Degree in Law (which is a Professional Degree) from a Government recognized University.

(i) Can such Legal Assistant be transferred as a Computer Operator B/General Clerk at Branch and for how long,

(ii) Can a Legal Assistant be asked to carry on duties that of General clerk(Computer Operator B) i.e. Handling Cash Counter/ Passbook Printing/RTGS/NEFT/Transfers and for how long.

(iii) Please provide copies of relevant documents such as ACT, Rule Book, Directions or Circular etc. giving specific reference to para, sentence or words which substantiate reply to the above stated points.

2. The CPIO replied vide letter dated 04.10.2022 and the same is reproduced as under:-

Please refer to the recruitment notification for Legal Assistant 2016-17 uploaded in banks website and Bi-partite Settlements uploaded in the website of DFS.

3. Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 09.10.2022 alleging that the information provided was incomplete, false and misleading. The FAA vide order dated 09.11.2022 upheld the reply given by the CPIO.

4. Aggrieved with the FAA's order, the Appellant approached the Commission with the instant Second Appeal dated 03.02.2023.

5. The appellant and on behalf of the respondent Mr. Rakesh Rao, AGM, attended the hearing through video conference.

6. The appellant inter alia submitted that the reply furnished by the CPIO was not in accordance with the information sought in the RTI application. He requested the Commission to direct the respondent to provide the information, as sought.

7. The respondent while defending their case inter alia submitted that a response to the RTI application in accordance with the provisions of the RTI Act, 2005, had already been furnished to the appellant vide their letter dated 04.10.2022. He further submitted that the information sought was already in the public domain which could be accessed by the appellant from their website directly.

8. The Commission after adverting to the facts and circumstances of the case, hearing both parties and perusal of records, observes that an appropriate reply was given by the CPIO on 04.10.2022. It may be noted that the appellant had sought clarification regarding transfer of Legal Assistant as computer operator etc. which does not fall within the definition of "information" under Section 2 (f) of the RTI Act. Further, during the hearing the respondent submitted the information sought was already in the public domain which could be accessed by the appellant from their website directly. In this regard, the attention of the appellant is drawn towards the observations passed by the Delhi High Court in Registrar of Companies & Ors. Vs. Dharmendra Kumar Garg & Anr. [W.P.(C) 11271/2009], vide decision dated 01.06.2012.-

12. The RTI Act very clearly sets the course for the evolution of the RTI regime, which is that less and less information should be progressively held by public authorities, which would be accessed under the RTI Act and more and more of such held information should be brought into the public domain suo-motu by such public authority. Once the information is brought into the public domain it is excluded from the purview of the RTI Act and, the right to access this category of information shall be on the basis of whether the public authority discloses it free, or at such cost of the medium or the print cost price "as may be prescribed".

9. That being so, the Commission finds no scope for further intervention in the matter. With this observation, the appeal is dismissed.

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

(Anandi Ramalingam) (आनंिी रामललंगम) Information Commissioner (सूचना आयुक्त) दिनांक/Date: 20.05.2024 Authenticated true copy Col S S Chhikara (Retd) कनगल एस एस निकारा, (ररटायर्ग) Dy. Registrar (उप पंजीयक) 011-26180514 Addresses of the parties:

1. CPIO (Under RTI Act) Bank of Maharashtra Lokmangal 1501, Shivaji Nagar Pune-411005 Page 4 of 4 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-

Nil Powered by TCPDF (www.tcpdf.org) Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-

Nil Powered by TCPDF (www.tcpdf.org)