Naresh Panwar vs State Bank Of India on 9 September, 2021

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Central Information Commission

Naresh Panwar vs State Bank Of India on 9 September, 2021

1. The issues under consideration arising out of the second appeal dated 16.03.2019 include non-receipt of the following information raised by the appellant through his RTI application dated 09.11.2018 and first appeal dated 09.01.2019:-

(i) Certified copy of record containing the overall rating with score of Nahan Branch(00686), Distt. Sirmour (H.P) in respect of its Risk Focused Internal Audit (RFIA) held in the year-2012.

(ii) Certified copy of record containing the overall rating with score of Nahan Branch, Distt. Sirmour (H.P) in respect of its Risk Focused Internal Audit (RFIA) held prior to the year-2012.

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(iii) C/c of record containing the score awarded to P-Segment Advances of Nahan Branch, Distt Sirmour(H.P) in respect of its Risk Focused Internal Audit (RFIA) held in the year-2012.

(iv) C/c of record containing the score awarded to P-Segment Advances of Nahan Branch, Distt Sirmour (H.P) in respect of its Risk Focused Internal Audit (RFIA) held prior to the year-2012.

(v) C/c of record containing the score awarded to (Agriculture + SME) Advances of Nahan Branch, Distt. Sirmour (H.P) in respect of its Risk Focused Internal Audit (RFIA) held in the year-2012.

(vi) C/c of record containing the score awarded to (Agriculture + SME) Advances of Nahan Branch, Distt. Sirmour (H.P) in respect of its Risk Focused Internal Audit (RFIA) held prior to the year-2012.

(vii) C/o of record containing the score awarded to General Banking (GB) section of Nahan Branch, Distt. Sirmor (H.P) in respect of its Risk Focused Internal Audit (RFIA) heald in the year-2012.

(viii) C/c of record containing the score awarded to General Banking (GB) section of Nahan Branch, Distt. Sirmour (H.P) in respect of its Risk Focused Internal Audit (RFIA) held prior to the year-2012.

2. Succinctly facts of the case are that the appellant filed an application dated 09.11.2018 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), State Bank of India, Solan, seeking aforesaid information. The CPIO vide letter dated 11.12.2018 replied to the appellant. Dissatisfied with the same, the appellant filed first appeal dated 09.01.2019. The First Appellate Authority vide order dated 16.02.2019 disposed of the first appeal. Aggrieved by the same, the appellant filed a second appeal dated 16.03.2019 before the Commission which is under consideration.

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3. The appellant has filed the instant appeal dated 16.03.2019 inter alia on the grounds that the respondent had wrongly denied the information as the same directly pertained to him, hence, the decision taken was without application of mind and absolutely mechanical in nature; that the act, omission on the part of errant CPIO had caused conscious obstruction of information. 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 11.12.2018 that the information sought was of commercial confidence, trade secrets, thus, was exempted under provision of section 8 (1) (d) of the RTI Act. The FAA concurred with the views taken by the CPIO.

5. The appellant's representative Shri Ashvini Sharma, Advocate and on behalf of the respondent Shri Jawahar Kaur, State Bank of India, Solan attended the hearing through video conference.

5.1. The appellant's representative inter alia submitted that he was a former employee in the State Bank of India and had sought official records directly connected with him. The appellant alleged that he had been illegally vacated from the Banking Services and he had preferred an appeal before the competent authority in that regard. The appellant further submitted that he was deprived from salary for the month of March 2017 and, therefore, the disclosure of the information was in the interest of justice in his case.

5.2. The respondent while defending their case and while endorsing their reply dated 11.12.2018 inter alia submitted that the appellant was dismissed from services due to unauthorized absence from office. The respondent further submitted that he had been duly served upon notice; however, he had not turned up for the hearing. The appellant was dismissed as per "voluntary vacation of services" mentioned in his Bipartite Settlement with the bank. Further, the information sought in the RTI application was relating to audit comprehensive prepared by internal auditors and dealt with assessment of business operations of the bank disclosure of which would adversely affect the Page 3 of 4 commercial confidence. Therefore, information was exempted under provision of section 8 (1) (d) of the RTI Act.

6. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of records, observed that due reply was given by the CPIO on 11.12.2018. Further, the appellant failed to demonstrate any larger public interest warranting the disclosure of the information sought by him in the application and it rather reflects grievance regarding dismissal of services which may be challenged before an appropriate forum. That being so, there appears to be no pressing grounds for revering the decision taken by the CPIO as well as the CPIO. Accordingly, the appeal is dismissed.

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

Sd/-

(Suresh Chandra) (सुरेश चं ा) ा) Information Commissioner (सूचना आयु ) दनांक/Date: 09.09.2021 Authenticated true copy R. Sitarama Murthy (आर. सीताराम मूत ) Dy. Registrar (उप पंजीयक) 011-26181927(०११-२६१८१९२७) Addresses of the parties:

CPIO : STATE BANK OF INDIA REGIONAL BUSINESS OFFICE, R-3, RAJGARH RAOD, NEAR THODO GROUND, SOLAN (H.P.) - 173 212 THE FIRST APPELLATE AURTHORITY, GENERAL MANAGER (NWIII), STATE BANK OF INDIA, LOCAL HEAD OFFICE, SEC. - 17B, CHANDIGARH - 160 017 SH. NARESH PANWAR Page 4 of 4

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