R K Singhal vs Central Bank on 1 September, 2022

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Central Information Commission

R K Singhal vs Central Bank on 1 September, 2022

1. The issue under consideration arising out of the second appeal dated 16.12.2020 include non-receipt of the following information sought by the appellant through the RTI application dated 12.07.2020 and first appeal dated 19.08.2020:-

(i) Inform the details of present status and action taken by bank on his request dated 10th June 2020 for harassment and victimization of mine by local management of Delhi Zone.

(ii) Since Bank has started vindictive action against him is as per bank Whistle Blower Policy.

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(iii) Whether any office bearer of employees association or union has a right to point out about the prevailing mal practices in the system to the higher authorities directly if not reason thereof.

(iv) Whether it is within bank norms to proceed against a whistle blower without providing outcome of complaint made.

(v) Details of punishment to a violator as per bank own Whistle Blower policy.

(vi) Whether protection is available to him a whistel blower under Whistel Blower Policy.

(vii) If not reason thereof.

(viii) Whether Senior Regional Manager can influence the inquiry proceeding or issue guidance to IA PO and CSO regarding proceeding of departmental enquiry where he is not a Disciplinary Authority.

2. Succinctly facts of the case are that the appellant filed an application dated 12.07.2020 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Central Bank of India, New Delhi, seeking aforesaid information. The CPIO vide letter dated 24.07.2020 replied to the appellant. Aggrieved by the same, the appellant filed first appeal dated 19.08.2020. The First Appellate Authority (FAA) vide order dated 18.09.2020 disposed of the first appeal. Aggrieved by that, the appellant filed second appeal dated 16.12.2020 before the Commission which is under consideration.

3. The appellant has filed the instant appeal dated 16.12.2020 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 24.07.2020 and the same is reproduced as under:-

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(i) "Your complaint dated 10.06.2020 has been forwarded to our Zonal Office, Delhi on 15.06.2020.

(ii) (iv), (v), (vi), (vii) & (viii) Please be guided accordingly by the Whistle Blower Policy dated 18.01.2020 available of staff circular portal.

(iii) Information sought is in the form of clarification and question, which does not fall under the definition of information as per Section 2(f) of Right to Information Act, 2005, hence cannot be answered."

The FAA vide order dated 18.09.2020 upheld the reply of the CPIO.

5. The appellant and on behalf of the respondent Mr. Ashwani Kumar Dhingra, CPIO and Mr. Kunal Prashant, SM (Law), Central Bank, Delhi attended the hearing in person.

5.1. The appellant inter alia submitted that appropriate information was not provided by the respondent. He further submitted that he had filed a whistleblower complaint on 10.06.2020 and had sought the status of that complaint.

5.2. The respondent while defending their case inter alia submitted that disciplinary proceedings were initiated against the appellant and charge sheet was filed against him. Subsequently, the appellant had filed a whistleblower complaint against officials of the bank. In response to the RTI application, they had informed the appellant that his complaint was forwarded to Vigilance Department of the Bank. Moreover, the copy of whistleblower policy was also provided to the appellant.

6. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of records, observed that the reply/information was provided to the appellant by the Respondent. During the course of hearing, it was revealed that the appellant was chargesheeted and subsequent to the charge sheet, he filed a complaint as a Whistleblower. The departmental enquiry was taken to the logical conclusion and penalty was imposed upon him. It was not the case that the principles of natural justice were not followed. The appellant filed an RTI inter alia seeking information about the status of his complaint as well as policy of Whistle Blower or third party information.

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Perusal of the reply given by the Respondent reveals that due information was provided to the appellant. It is not the case that the departmental enquiry suffered due to lack of relevant material; nor was any relevant material sought by the appellant through RTI repitition which was not provided to him during the course of departmental enquiry. However, if there was any infirmity in conduct of departmental enquiry or the departmental action including the punishment (as alleged by appellant), the appellant could have challenged the same through appropriate proceedings before appropriate forum. That being so, no further intervention by the Commission is called for in the matter. 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: 31.08.2022
Authenticated true copy

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


Addresses of the parties:
CPIO
Central Bank of India
P. B. No. 7007, Link House
Press Area, 3, Bahadur Shah Zafar Marg
New Delhi - 110001

First Appellate Authority
Central Bank of India
P. B. No. 7007, Link House
Press Area, 3, Bahadur Shah Zafar Marg
New Delhi - 110001


R K Singhal




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