Rajesh Manikchand Jain vs Bank Of Maharashtra on 13 September, 2021

[Cites 2, Cited by 0]

Central Information Commission

Rajesh Manikchand Jain vs Bank Of Maharashtra on 13 September, 2021

1. The appellant/complainant filed the above-mentioned appeals/complaints against the CPIO, Bank of Maharashtra, head Office, Pune, with respect to nine RTI applications seeking Page 1 of 7 information regarding departmental action taken against him and related information. All the complaints were clubbed together for hearing and disposal to avoid multiplicity of proceedings.

2. The issues under consideration arising out of the aforesaid second appeals/complaints dated 06.05.2019, 25.05.2019, 05.06.2019 & 26.06.2019 include non-receipt of the following information raised by the appellant through his RTI applications and first appeals in the different file numbers are as follows:

File No. CIC/BOMAH/A/2019/642241

(i) Number of officers from Scale 1 to Scale 5 of Bank of Maharashtra got charge sheet under Regulation 6 (major penalty) for allegation of recommendation of credit proposal to ZLCC of DZM from year 2012 to year 2014 in the cases where sanctioning authority got charge sheet under Regulation 8.

(ii) Out of point no. 1 provide scale wise break up (Scale 1 to Scale 5)

(iii) Number of officers from Scale 5 to Scale 6 of Bank of Maharashtra got charge sheet under Regulation 8 (minor penalty) for allegation of sanctioning of same credit proposal as point no. 1 as Chairman of ZLCC of DZM from year 2012 to year 2014 including retired executives.

(iv) Out of point no. 3 provide scale wise break up (Scale 5 to Scale 6)

(v) Certified copy of the movement of process note/noting on this RTI application. File No. CIC/BOMAH/A/2019/642244

(i) Number of officers from Scale 1 to Scale 6 of Bank of Maharashtra got charge sheet for allegation of recommendation of credit proposal to ZLCC of ZM from year 2012 to year 2018.

(ii) Out of point no. 1 provide number of officers got punishment.

(iii) Out of point no. 2 provide break up in major and minor punishment.

(iv) Out of point no. 3 provide scale wise break up (Scale 1 to Scale 6)

(v) Out of point no. 2 provide number of officers got punishment of reduction in time scale of pay by three increments with cumulative effect for a period of one year.

Page 2 of 7

(vi) Out of point no. 5 provide scale wise information (Scale 1 to Scale 6)

(vii) Certified copy of the movement of process note/noting on this RTI application. Fine No.CIC/BOMAH/A/2019/642245

(i) Number of officers from Scale 1 to Scale 6 of Bank of Maharashtra got charge sheet for allegation of signing as Member of Zonal Level Credit Committee headed by ZM (not as Chairman of ZLCC of ZM) from year 2012 to year 2018.

(ii) Out of point no. 1 provide number of officers who accepted all the charges unconditionally.

(iii) Out of point no. 2 provide number of officers got punishment. .

(iv) Out of point no. 3 provide number of officers who got charge sheet for major punishment but got minor punishment.

(v) Out of point no. 4 provide scale wise break up (Scale 1 to Scale 6)

(vi) Certified copy of the movement of process note/noting on this RTI application. File No. CIC/BOMAH/A/2019/642239

(i) Number of officers from Scale 1 to Scale 6 of Bank of Maharashtra got charge sheet for allegation of signing for sanctioning the credit proposal as Member of Zonal Level Credit Committee headed by ZM (not as Chairman of ZLCC of ZM) from year 2012 to year 2018.

(ii) Out of point no. 1 provide number of officers got punishment.

(iii) Out of point no. 2 provide break up in major and minor punishment.

(iv) Out of point no. 3 provide scale wise break up (Scale 1 to Scale 6)

(v) Out of point no. 2 provide number of officers got punishment of reduction to lower scale of pay (demoted to lower scale)

(vi) Out of point no. 5 provide scale wise information (Scale 1 to Scale 6)

(vii) Certified copy of the movement of process note/noting on this RTI application.

Page 3 of 7

File No. CIC/BOMAH/A/2019/642246

(i) Number of officers from Scale 1 to Scale 6 of Bank of Maharashtra got charge sheet for allegation of recommendation of credit proposal to ZLCC of ZM from year 2012 to year 2018.

(ii) Out of point no. 1 provide number of officers who accepted all the charges unconditionally.

(iii) Out of point no. 2 provide number of officers got punishment. .

(iv) Out of point no. 3 provide scale wise break up (Scale 1 to Scale 6).

(v) Out of point no. 3 provide number of officers who got charge sheet for major punishment but got minor punishment.

(vi) Out of point no. 5 provide scale wise break up (Scale 1 to Scale 6)

(vii) Certified copy of the movement of process note/noting on this RTI application. File no. CIC/BOMAH/C/2019/641444

(i) Copy of relevant portion of the investigation report of M/s. Vishnu Gayatri Bio Coal Agro Products Pvt. Ltd. (VGBA) related to me.

(ii) Date of the investigation report as per point no. 1.

(iii) Date of investigation done for the second time of M/s Vishnu Gayatri Biocoal Agro Products Pvt. Ltd.

(iv) Copy of the relevant portion of the minutes of Head Office Staff Accountability Committee (HOSAC) along with relevant portion of note prepared by Member Secretary regarding account of M/s. Vishnu Gayatri Bio Coal Agro Products Pvt. Ltd.

related to me after receipt of my reply, dated 08.02.2016 of the letter of General Manager, Inspection HO dated 08.01.2016.

  (v)           Date of the HOSAC meeting held as per point no. 4.
 (vi)           Copy of relevant portion of minutes of HOSAC meeting held regarding my role of

omission and commission prior to sale of VGBA account to ARSEC.

 (vii)          Date of HOSAC meeting held as per point no. 6.
(viii)          Certified copy of the movement of process note/noting on this RTI application.



                                                                                                 Page 4 of 7
 File no. CIC/BOMAH/C/2019/639871
 (i)    Copy of MOU as mentioned in first paragraph of Annexure - I of Memorandum No.

AX1/ST/DM/E-512/173/2015-16 dated 25.05.2015 issued to Rajesh M. Jain i.e. me.

(ii) Copy of Tripa rtite Agreement duly approved by Chief Manager, Legal Services, HO, Pune vide letter no. AX1/Legal/Tender/Approval/2012/8455 dated 22.11.2012 addressed to AGM, MSME Centre, PCZ, Pune i.e. me.

(iii) Certified copy of the movement of process note/noting on this RTI application. File No. CIC/BOMAH/C/2019/639874

(i) Designation of Disciplinary Authority for Scale V Officers (AGM) as per scheduled provided in Bank of Maharashtra Officers Employees (Discipline & Appeal) Regulations.

(ii) Certified copy of the Banks policy wherein charge sheet issued to Officers working in Scale V and above officers under the signature of Chairman & Managing Director/Managing Director & CEO as Disciplinary Authority.

(iii) Certified copy of the Banks Policy regarding change in Disciplinary Authority after issuance of charge sheet.

(iv) Total number of the charge sheets issued to Scale V and above officers by Chairman & Managing Director/Managing Director & CEO as Disciplinary Authority during the year 2014 to 2018. Please provide year and scale wise information.

(v) Total number of the charge sheets issued to Scale V and above officers in which Disciplinary Authority were changed after issuance of charge sheets during the year 2014 to 2018. Please provide year wise and scale information.

(vi) Certified copy of the movement of process note/noting on this RTI application. File No. CIC/BOMAH/C/2019/643971

(i) Please refer to your reply no. AX1/Legal/RTI/2019-20/17320 dated 29.05.2019 of my RTI No. BOMAH/R/2019/50188 dated 30.04.2018. It is mentioned that my say dated 12.11.2018 was not received by DA & GM HRM.

(ii) Please refer Order No. AX1/HRM/DM/E-663/180/2019-20/141 dated 20.04.2019 issued by GM HRM to me. It is mentioned that my say dated 12.11.2018 was received by HO and was placed before GM, HRM.

(iii) Please inform me the correct position out of point no. 1&2.

Page 5 of 7

(iv) Provide copy of my say submitted to Disciplinary Authority & General Manager, HRM of Bank on 12.11.2018.

(v) Certified copy of the processing of this RTI application and also provide copy of this RTI application received at your end.

2. Succinctly facts of the case are that the appellant/complainant filed nine applications dated 16.02.2019, 15.02.2019, 17.02.2019, 14.02.2019, 30.01.2019, 17.02.2019, 23.11.2018, 25.03.2019 and 30.05.2019 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO),Bank of Maharashtra, Pune, seeking aforesaid information. The CPIO vide letters dated 15.03.2019, 01.03.2019, 02.01.2019, 16.04.2019& 24.06.2019 replied to the appellant. Dissatisfied with the CPIOs replies, the appellant filed first appeals dated 20.03.2019, 18.03.2019, 03.03.2019, 08.01.2019 & 24.04.2019. The First Appellate Authority (FAA) disposed of only two appeals vide order dated 15.02.2019 and 04.05.2019. Aggrieved by that, the appellant filed eight second appeals/complaints dated 06.05.2019, 25.05.2019, 05.06.2019and 26.06.2019 before this Commission which are under consideration.

3. The appellants/complainants has filed the instant appeals/complaints dated 06.05.2019, 25.05.2019 and 05.06.2019 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 vide letters dated 02.01.2019, 01.03.2019, 15.03.2019, 16.04.2019and 24.06.2019 gave point-wise reply/information to the appellant on each and every points of the RTI application. The FAA vide order dated 15.02.2019 and 04.05.2019 agreed with the views taken by the CPIOs in two cases. In rest of the cases, there were no orders of FAA on record.

5. The appellant and on behalf of the respondent Shri Aditya Prakash, Dy. General Manager & CPIO, Bank of Maharashtra, Pune attended the hearing through audio conference.

5.1. The appellant inter alia submitted that information sought in the aforesaid nine cases was received by him and he was not interested in pursuing the matter any further. He further expressed their desire to withdraw these cases.

Page 6 of 7

5.2. The respondent while defending their case inter alia submitted that they had already provided point- wise reply/information as per the provisions of the RTI Act vide their letters dated 02.01.2019, 01.03.2019, 15.03.2019, 16.04.2019 and 24.06.2019.

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 informed that desired information was received by him against the aforesaid appeals/complaints. He further submitted that he was not interested in pursuing these matters anymore and expressed his desire to withdraw the above cases. That being so and allowing the request of the appellant, all the nine appeals/complaints are dismissed as withdrawn.

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

Sd/-

                                                                                   सुरेशचं ा)
                                                                (Suresh Chandra) (सु       ा)
                                                                                सूचनाआयु )
                                                     Information Commissioner (सू
                                                                      दनांक/Date: 06.09.2021
Authenticated true copy

R. Sitarama Murthy (आर. सीताराममूत#)
Dy. Registrar (उपपंजीयक)
011-26181927(०११-२६१८१९२७)

Addresses of the parties:

CPIO : BANK OF MAHARASHTRA
HEAD OFFICE, LOK MANGAL,
1501, SHIVAJI NAGAR, PUNE - 411 005

FAA: GENERAL MANAGER
BANK OF MAHARASHTRA
HEAD OFFICE, LOK MANGAL,
1501, SHIVAJI NAGAR, PUNE - 411 005

SH. RAJESH MANIKCHAND JAIN




                                                                                      Page 7 of 7

Unlock Advanced Research with PRISMAI

Central Information Commission