Md Aleem Ahmed Sab Dandu vs Rural / Gramin Banks on 21 September, 2022

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Central Information Commission

Md Aleem Ahmed Sab Dandu vs Rural / Gramin Banks on 21 September, 2022

1. The issue under consideration arising out of the second appeal dated 08.12.2020 include non-receipt of the following information sought by the appellant through the RTI application dated 27.07.2020 and first appeal dated 26.08.2020 :-

Banks internal auditors had carried out audit & inspection of Solapur Branch from time to time. Staff, full time messenger- Shri B.S. Baste had met a serious car road accident 10 years back as a result of which Baste became permanent handicap and lost his memory partially. At present also Baste is unfit to perform his duties as he is unable to walk & talk. Baste after accident joined the bank after long leave. At the time of resuming duties there was genuine need of the Medical fitness check up of Baste from civil surgeon of civil hospital solapur.

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Baste is drawing salary without doing any work. This is a case of misuse of public money. Please provide information about observation pointed by the internal auditors of the bank about fitness of Baste and payment of salary made to him after resuming duties.

2. Succinctly facts of the case are that the appellant filed an application dated 27.07.2020 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Vidharbha Konkan Gramin Bank, Solapur, seeking aforesaid information. The CPIO vide letter dated 21.08.2020 replied to the appellant. Aggrieved by the same, the appellant filed first appeal dated 26.08.2020. The First Appellate Authority (FAA) did not pass any order. Aggrieved by that, the appellant filed second appeal dated 08.12.2020 before the Commission which is under consideration.

3. The appellant has filed the instant appeal dated 08.12.2020 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 21.08.2020 that the required information was not available with them. The FAA did not pass any order.

5. The appellant and on behalf of the respondent Shri Pankaj Vinayak Dhuri, CPIO, Vidharbha Konkan Gramin Bank, Solapur attended the hearing through video conference.

5.1. The appellant inter alia submitted that information sought was not provided by the respondent on the flimsy grounds.

5.2. The respondent while defending their case inter alia submitted that information sought was not available with them.

6. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of records, observed that the appellant sought information about observation pointed by the internal auditors of the bank about fitness of Shri Baste Page 2 of 3 and payment of salary made to him after resuming duties. The Commission is of the view that the affairs between the employer and employee are governed by the employer- employee relationship. Third person may not raise any questions on the legality of the actions of the employer and that could not the subject matter under RTI Act. The reply given by the CPIO was also not up to the mark. Therefore, the CPIO is cautioned to be more careful in future while giving information/ reply to the RTI applications. However, there appears to be ground to intervene into the matter by the Commission. Accordingly the appeals are 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: 19.09.2022
Authenticated true copy

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


Addresses of the parties:
THE CPIO
VIDHARBHA KONKAN GRAMIN
BANK GURUKRUPA SANKUL, PLOT
NO.23, NEAR NEHARU NAGAR BUS
STOP NEHARUNAGAR, VIJAPUR
ROAD, SOLAPUR - 413 004

FIRST APPELLATE AUTHORITY
VIDHARBHA KONKAN GRAMIN BANK,
 2ND AND 3RD FLOOR,
"CHANDRAPRASTHA", PLOT
NO. 6,DEENDAYAL NAGAR,
RING ROAD, NAGPUR - 440022

MD.ALEEM AHMED SAB DANDU,




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