Samir Ranjan Sur vs Central Bank on 28 August, 2023

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Central Information Commission

Samir Ranjan Sur vs Central Bank on 28 August, 2023

1. The issue under consideration arising out of the second appeal dated 16-01-2023 include non-receipt of the following information sought by the appellant through the RTI application dated 04.09.2022 and first appeal dated 29.10.2022:-

 The applicant had sent a criminal complaint (also sent to Commissioner of Police, Jalandhar, Punjab) against employee of Central bank of India named Vijay Kumar S/o Shiv Kumar R/o H.No- 29/1, Guru Diwan Nagar, Garha, Jalandhar, Punjab to Central Bank of India, Corporate Office, ChanderMukhi, Nariman Point, Mumbai - 400021, through speed post on Dt 30.07.2022. Kindly provide information regarding the same.

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(i) Action taken by Central Bank of India, Head Office/Corporate Office on the complaint filed by the applicant against Vijay Kumar S/o Shiv Kumar R/o H.No- 29/1, Guru Diwan Nagar, Garha, Jalandhar, Punjab.

(ii) Kindly supply complete scanned copy of office / inter department / branch /Head Office communications regarding the complaint filed by the applicant against Vijay Kumar S/o Shiv Kumar R/o H.No- 29/1, Guru Diwan Nagar, Garha, Jalandhar, Punjab.

(iii) Kindly provide scanned copy of complete rules and regulations of Central Bank of India regarding inquiry/investigation in the above complaint filed by the applicant.

(iv) Kindly provide the name and rank of all the officers who have held inquiry regarding the complaint filed by the applicant against Vijay Kumar S/o Shiv Kumar R/o H.No- 29/1, Guru Diwan Nagar, Garha, Jalandhar, Punjab.

(v) Whether any show cause notice or inquiry or charge sheet or disciplinary/code of conduct related proceedings have been initiated against Vijay Kumar S/o Shiv Kumar R/o H.No- 29/1, Guru Diwan Nagar, Garha, Jalandhar, Punjab.

Kindly also provide complete record with written statement/reply filed by Vijay Kumar.

(vi) Kindly provide information whether Central Bank of India Head Office/ Corporate Office has initiated any punishment / penalty against Vijay Kumar S/o Shiv Kumar R/o H.No- 29/1, Guru Diwan Nagar, Garha, Jalandhar, Punjab. Kindly provide complete office record regarding the same.

(vii) Kindly provide information whether the inquiry officer has recommended any punishment / penalty against Vijay Kumar S/o Shiv Kumar R/o H.No-29/1, Guru Diwan Nagar, Garha, Jalandhar, Punjab. Kindly provide complete office record regarding the same.

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(viii) Kindly provide present status report of the complaint filed by the applicant against Vijay Kumar S/o Shiv Kumar R/o H.No. 29/1, Guru Diwan Nagar, Garha, Jalandhar, Punjab.

(ix) Kindly provide scanned copy of the advisory/directions/guidelines/circulars of Reserve Bank of India and Central Vigilance Commission regarding criminal complaints received against employees of Public sector banks.

(x) Kindly provide scanned copy of rules/regulations/guidelines of Central Bank of India regarding application received under RT1Act.

2. Succinctly facts of the case are that the appellant filed an application dated 04.09.2022 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Central Bank of India, Punjab, seeking aforesaid information. The CPIO vide letter dated 03.10.2022 replied to the appellant. Aggrievedby the same, the appellant filed first appeal dated 29.10.2022 The First Appellate Authority (FAA) vide order dated 24.11.2022 disposed of the first appeal. Aggrieved bythat, the appellant filed second appeal dated 16.01.2023 before the Commission which is under consideration.

3. The appellant has filed the instant appeal dated 16.01.2023 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 03.10.2022 and the same is reproduced as under:

(i) The complaint dated 25.07.2022 was addressed to the Commissioner of Police, Jalandhar and only a copy was marked to the Bank. However, the Bank got conducted an internal investigation in the matter and as such complaint has been disposed accordingly.

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(ii) The information sought is the personal information of the employees the disclosure of which has no relation to any public activity or interest and disclosure of the same would cause unwarranted invasion of the privacy of the concerned individuals, as such, the same cannot be provided in view of Section 8(1)(1) of the Right to Information Act 2005.

(iii) Though the complaint was originally addressed to Commissioner of Police Jalandhar, however on receipt of the copy of the same the Bank got conducted an internal investigation and based on the report the complaint was disposed off accordingly. The conduct of the clerical and subordinate staff is governed by Memorandum of Settlements dated 10.04.2002 on Disciplinary Action Procedure therefore (as updated from time to time) the copy of which is available on the official website of Indian Bank Association (IBA).

(iv) A disciplinary inquiry has not been conducted as the complaint has been disposed off as per the internal investigation

(v) A disciplinary inquiry has not been conducted as the complaint has been disposed off as per the internal investigation

(vi) A disciplinary inquiry has not been conducted as the complaint has been disposed off as per the internal investigation

(vii) A disciplinary inquiry has not been conducted as the complaint has been disposed off as per the internal investigation

(viii) A disciplinary inquiry has not been conducted as the complaint has been disposed off as per the internal investigation

(ix) The advisory/directions/guidelines/circulars of Reserve Bank of India and Central Vigilance Commission regarding complaints received against employees of Public Sector Banks are already in public domain being available on their Official websites.

(x) The applications received under Right to Information Act 2005 in Central Bank of India are governed by Right to Information Act 2005 itself. Further, information on the same can be obtained through the internet by accessing"

The FAA vide order dated 24.11.2022 upheld CPIO reply.

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5. The appellant's representative Advocate Shri R. Ghosh and on behalf of the respondent Shri Amarnath Shankar, Chief Manager, Central Bank, Jalandhar attended the hearing through video conference.

5.1. The appellant inter alia submitted that the respondent had not provided the requisite information regarding investigation conducted, if any, against their employee Mr. Vijay Kumar, till the date of hearing.

5.2. The respondent while defending their case inter alia submitted that the appellant had filed a criminal complaint against one of their employees relating to personal conflicts and had sought information about inquiry, if any, initiated against Mr. Vijay Kumar. They further stated that they had already informed him vide their reply dated 03.10.2022 that they had initiated an inquiry (internal investigation) in pursuance to the receipt of the copy of the complaint (which was addressed to the Commissioner of Police, Jalandhar, Punjab)sent by the appellant and they had disposed of the complaint. However, the appellant had not filed any complaint before their bank. Besides, the information relating to the police investigation was not available with them, since it was based on the criminal complaint filed by the applicant and not by the bank.

6. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of records, observed that reply was given by the CPIO on 03.10.2022. It may be noted that the appellant had filed a criminal complaint before the police authorities and he may approach the concerned Police Department to obtain the status of his criminal complaint. Further, the appellant had sought information about the action taken by the bank, the respondent had already informed and brought it on record and they had conducted an internal investigation and had disposed of the complaint. However, the respondent had not enclosed copy of the disposal of the complaint dated 30.07.2022. In view of the above, since the appellant had filed a complaint with the bank, principles of natural justice demand that a copy of the investigation report carried out by the bank, as agreed by them in their reply dated 03.10.2022, be made available to the Page 5 of 6 appellant within three weeks from the date of receipt of this order.With these observations and directions, the appeal is disposed of.

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

Sd/-

(Suresh Chandra) (सुसुरेशचं ा) ा सूचनाआयु ) Information Commissioner (सू दनांक/Date: 28.08.2023 Authenticated true copy R. Sitarama Murthy (आर. सीताराममूत#) Dy. Registrar (उपपंजीयक) 011-26181927(०११-२६१८१९२७) Addresses of the parties:

THE CPIO: CENTRAL BANK OF INDIA, REGIONAL OFFICE, S.C.O. 30-31, 3RD FLOOR, GURU RAM DAS DIVINE TOWER, PUDA COMPLEX, JALANDHAR, PUNJAB-144003 THE FIRST APPELLATE AUTHORITY CENTRAL BANK OF INDIA AMBALA REGIONAL OFFICE, 2ND FLOOR, NO.58-59, BANK SQUARE, SECTOR 17-B, CHANDIGARH-160017 SHRI SAMIR RANJAN SUR Page 6 of 6

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