B Jagath Kumar vs Indian Bank on 7 September, 2022

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Central Information Commission

B Jagath Kumar vs Indian Bank on 7 September, 2022

1. The issue under consideration arising out of the second appeal dated 14.08.2020 include non-receipt of the following information sought by the appellant through the RTI application dated 19.06.2020 and first appeal dated 10.07.2020:-

(i) Pursuant to Supreme Court Ruling in Civil Appeal Nos 9371-9374 of 2017, Allahabad Bank and Indian Bank re fixed pension of eligible retired officers of the bank by extending benefits provided under Regulation 26 of the Bank Employees Pension regulations. In terms of the said Regulation 26 of the Pension Regulations, an employee shall be eligible to add to his service qualifying for superannuation pension, the actual period not exceeding one fourth of his length of his service or the actual period by which his age at the Page 1 of 4 time of recruitment exceeds the upper age limit fixed by the bank for direct recruitment, or a period of five years, whichever is less.

While re fixing pension of the eligible officers in terms of Regulation 26 of the Employees pension Regulations pursuant to SC ruling in CA Nos 9371-9374, what was the date considered as time of recruitment of the officer by Indian Bank and the then Allahabad Bank. Was it:

(a) Date of joining of the officer in the bank or

(b) Date on which appointment order was issued by the bank to the employee or

(c) Date on which the Bank/BSRB released an advertisement calling for applications for employment.

2. Succinctly facts of the case are that the appellant filed an application dated 19.06.2020 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Indian Bank, Chennai, seeking aforesaid information. The CPIO vide letter dated 08.07.2020 replied to the appellant. Aggrieved by the same, the appellant filed first appeal dated 10.07.2020. The First Appellate Authority (FAA) vide order dated 07.08.2020 disposed of the first appeal. Aggrieved by that, the appellant filed second appeal dated 14.08.2020 before the Commission which is under consideration.

3. The appellant has filed the instant appeal dated 14.08.2020 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 08.07.2020 and the same is reproduced as under:-

"Indian Bank is yet to implement the benefit of addition of notional service under Regulation 26 of IB Pension Regulations 1995."

The FAA vide order dated 07.08.2020 upheld the reply of the CPIO.

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5. The appellant remained absent and on behalf of the respondent Mr. Ajay Kumar Mishra, Chief Manager (HRM), Indian Bank, Chennai, attended the hearing through video audio conference.

5.1. The respondent while defending their case inter alia submitted that there was no provision for notional service under Pension Regulations in the respondent bank. In view of the above, they had accordingly informed the above to the appellant vide letter dated 08.07.2020.

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 CPIO on 08.07.2020. However, the query of the applicant was in questionnaire form seeking clarification which was not covered under the ambit of "information" contained under section 2 (f) of the RTI Act. Further, in the absence of the appellant or any written objections thereof, the averments made by the respondent were taken on record. 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: 01.09.2022
Authenticated true copy

R. Sitarama Murthy (आर. सीताराम मूत )
Dy. Registrar (उप पंजीयक)
011-26181927(०११-२६१८१९२७)


Addresses of the parties:
CPIO
Indian Bank
Corporate Office, 254-260
Avai Shanmugham Salai
Royapettah, Chennai - 600014


                                                                                 Page 3 of 4
 First Appellate Authority
Indian Bank
Head Office, No. 66, Rajaji Salai
Chennai - 600001

B Jagath Kumar




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