Central Information Commission
Shri.Ratilal Vasaikar vs Bank Of Maharashtra on 18 August, 2011
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SM/A/2011/000162/SG/14148
Appeal No. CIC/SM/A/2011/000162/SG
Relevant facts emerging from the Appeal:
Appellant : Mr. R. S. Vasaikar
C-67/68,Hil View Residency,
Mumbai-Bangalore Highway
Opposite Garden City, Warje,
Pune 411058
Respondent (1) : Mr. Chowgle
PIO & AGM Bank of Maharashtra, Ahmedabad Region, Malvlankar Haveli, Vasant Chauk, Bhadra, Ahmedabad-380001 (2) PIO & Dy. General Manager Bank of Maharashtra Nasik Regional Office Grah Nirman Bhawan, Gadkari Chowk, Old Agra Road, Nasik, Maharashtra (3) PIO & Dy. General Manager Bank of Maharashtra Pune West Region Yeshomanagal Building, 1183/A, Furgusan College Road, Shivaji Nagar, Pune - 5 RTI application filed on : 09.05.2010 PIO replied on : 14.06.2010 First Appeal filed on : 19.06.2010 First Appellate Authority order of : 04.08.2010 Second Appeal received on : 02.11.2010 Sl. Information Sought Reply of PIO
1. Whether the decision from Central Office has been given Information sought can't be given or not till this date? If yes, send me the details along with because all the files and records have the copy of CO decision explaining the reasons for delay in been forwarded to Nasik Region. intimating this. If not, what follow-up you had made till Since the information called in not this date, along with the copies of the follow-up made. available at present, unable to provide Please furnish a copy of the bogus complaint and copies of the same. all correspondence entered between RMO Ahmedabad & Central Office duly certified by you. The applicant would also like to inspect the whole record contained in this confidential file.
2. Despite lapse of 6 months period, why decision could not Information sought can't be given Page 1 of 3 be obtained from Central Office? Doesn't it reflect the because all the files and records have laxity of the part of RMO Ahmedabad? Despite been forwarded to Nasik Region. availability of fastest modes of communication like phone, Since the information called in not fax, e-mail, executive visits from CO. no proper follow up available at present, unable to provide appears to be made by RMO deliberately. Why? the same.
3. Name, designation of the concerned officer & signing Information sought can't be given authority also. because all the files and records have been forwarded to Nasik Region.
Since the information called in not available at present, unable to provide the same.
4. Furnish the valid reasons for prompting you to send these Information sought can't be given files/records to Nasik Regional office instead of sending it because all the files and records have to Nodal Cell, KALWAN ? Who has instructed Raopura been forwarded to Nasik Region. Baroda Senior Manager to send these files to Nasik Since the information called in not Region? What is the name od that Senior Manager ? This available at present, unable to provide has led to lying these files still at Nasik RMO despite the the same. applicant's transfer to Pune region. Who should be blamed for this violation of established procedure? What is the propriety of Nasik RMO to retain these files when the applicant is not working under their control?
5. Please inform in clear terms how much days, months or Information sought can't be given years will still be required to get the decision from CO in because all the files and records have this regard? Is there any possibility of getting such decision been forwarded to Nasik Region. really? Should the applicant still believe upon the Since the information called in not credibility/efficiency of your office/central office available at present, unable to provide authorities especially about their competency? If so, what the same. the proofs for it ?
6. What action was taken against Shri A.K. Raje in the matter Information sought can't be given of the applicant's immediate transfer to Raopura branch ? because all the files and records have What capital punishment was awarded to him in the wake been forwarded to Nasik Region. op report of OSD? Whether any disciplinary action was Since the information called in not initiated against him ? Copies related to this available at present, unable to provide action/punishment & copies of OSD report are sent to the the same. applicant duly certified. If no action was taken, the valid reasons as observed by CO authorities are informed along with the concerned copies of decision made by the bank.
7. What prompted Bank to consider A K Raje fir for Information sought can't be given promotion despite serious irregularities reported against because all the files and records have him? been forwarded to Nasik Region.
Since the information called in not available at present, unable to provide the same.
8. Whether Bank's personnel administration runs as per the Information sought can't be given wishes of such employees/union leaders or exigencies of because all the files and records have services are looked into? What exactly transpired behind been forwarded to Nasik Region. such arrangements and how many authorities are involved Since the information called in not in this arrangement? Name & designation of RM, Staff available at present, unable to provide officer & roll of union leader of that time be informed to the same. me.
Grounds for the First Appeal:
Incomplete, misleading, unsatisfactory and false information provided. Information has been wrongly and unjustifiably refused.Page 2 of 3
Order of the First Appellate Authority (FAA):
Upheld the decision of CPIO.
Ground of the Second Appeal:
Information not provided.
Relevant Facts emerging during Hearing:
The following were present Appellant : Mr. R. S. Vasaikar on vide conference from NIC-Pune Studio; Respondent : Mr. Chowgle, PIO & AGM on vide conference from NIC-Ahmedabad Studio;
The Appellant is seeking information about certain files relating to him. When the appellant was transferred the Gujarat Office transferred his files to Nasik Office. Subsequently the Appellant was transferred to Pune Office and the Pune office has given inspection of the file to the Appellant. However, the appellant states that the Pune Office does not have the relevant records that he is seeking. Hence the only presumption can be that the records are still at Nasik Office. The Commission therefore directs the DGM Nasik Office Bank of Maharashtra to transfer all the files relating to the Appellant to the Pune Office before 10 September 2011. The PIO at Pune Office Bank of Maharashtra is directed to offer an inspection of the relevant files by the Appellant on 28 September 2011.
Decision:
The Appeal is allowed.
The PIO/DGM at Nasik Office is directed to transfer the files relating to the Appellant to the Pune Office before 10 September 2011.
PIO/DGM at Pune Office is directed to facilitate an inspection of the relevant records by the Appellant on 28 September 2011 from 10.30AM onwards. In case there are any records or file which the appellant believes should exist, which are not shown to him, he will give this in writing to the PIO at the time of inspection and the PIO will either give the files/records or give it in writing that such files/records do not exist. The PIO at Pune Office will also provide attested photocopies of records which the Appellant wants free of cost upto 100 pages.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties. Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi Information Commissioner 18 August 2011 (In any correspondence on this decision, mention the complete decision number.) (ved) Page 3 of 3