Central Information Commission
Rajesh Kumar Sharma vs Oriental Bank Of Commerce on 6 December, 2018
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग
, मुिनरका
Baba Gangnath Marg, Munirka
नई द
ली, New Delhi - 110067
ि तीय अपील सं या / Second Appeal Nos. CIC/OBKOC/A/2017/603280
CIC/OBKOC/A/2017/144886
िशकायत सं या / Complaint No. CIC/OBKOC/A/2017/165538/C
Rajesh Kumar Sharma ... अपीलकता /Appellant
... िशकायतकता /Complainant
VERSUS
बनाम
CPIO, Oriental Bank of Commerce, ... ितवादीगण /Respondents
Cluster Monitoring Office (RR & L),
Amritsar.
Relevant dates emerging from the appeal/complaint:
SA/ Complaint :
RTI : 25.05.2016 FA : 27.06.2016
06.08.2016
CPIO : No Reply FAO : No Order Hearing : 04.12.2018
ORDER
1. Shri Rajesh Kumar Sharma filed three identical appeals/complaint in case Nos. CIC/OBKOC/A/2017/603280, CIC/OBKOC/A/2017/144886 and CIC/OBKOC/A/2017/165538/C in respect of an RTI application dated 25.05.2016.
Page 1 of 5All of these appeal/complaints are being clubbed together and disposed of by this common order.
2. The appellant/complainant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Oriental Bank of Commerce, Regional Office, Amritsar (Punjab), seeking information on thirty-one points pertaining to purchase of capital assets, event management in Banks, pest control treatment for branches and Regional Office, including, inter-alia, (i) the details of purchase committee, its members, details of meetings held and decisions taken for purchase of air-conditioner, furniture and security gadgets during 2009-2015, (ii) the details of firms engaged for even management in bank during 2009-2015 for supply of general merchandize and process followed before award of contracts, (iii) details of firms engaged for pest control in bank during 2009-2015 for anti-termite treatment for bank's assets and record, and (iv) the Bank guidelines regarding pest control treatment.
3. The appellant/complainant filed the second appeal/complaint before the Commission on the grounds that no information in response to the RTI application has been provided to him by the CPIO, till date. Further, the FAA also did not adjudicate upon his first appeal. The appellant/complainant requested the Commission to direct the respondent to provide the information sought for by him and to take necessary action against the erring CPIO.
Hearing:
4. The appellant/complainant Shri Rajeh Kumar Sharma and the respondent Shri Sanjeev Malhotra, Asstt. General Manager and Shri Sudhir Sharma, Page 2 of 5 Advocate, Oriental Bank of Commerce, Regional Office, Amritsar, Punjab, attended the hearing through video-conferencing.
5. The appellant/complainant submitted that the information has been sought by him in order to highlight the maladministration, misfeasance being committed by few officials. However, no reply/information has been furnished to him by the respondent, till date, in response to his RTI application.
6. The respondent submitted that he is not aware whether any reply was sent to the appellant/complainant in the instant matter. Nonetheless, the appellant/complainant has sought detailed information regarding the purchase of capital assets, tenders floated, event management in Banks, pest control treatment for branches and Regional Office which is held by the Bank in a fiduciary capacity. Moreover, it also contains personal information of third parties, the disclosure of which has no relationship to any public interest and would cause an unwarranted invasion of the privacy of the third parties. Hence, its disclosure is exempted under Section 8(1)(e) and (j) of the RTI Act. The respondent, however, submitted that since he was not the CPIO at that time, he is not aware as to why no reply was furnished to the appellant/complainant. He further informed that the then CPIO, Shri R.K. Sharma is presently posted as Chief Manager, Oriental Bank of Commerce, Sector-17, Faridabad.
Decision:
File Nos. CIC/OBKOC/A/2017/603280 and CIC/OBKOC/A/2017/144886
7. The Commission, after hearing the submissions of both the parties and perusing the records, observes that no reply in response to the RTI application was Page 3 of 5 furnished to the appellant/complainant. The Commission also notes that the information sought vide point nos. E, F, G and H of Part 1/1, Part 1/2, and point nos. E, F and G of Part 2 and Part 3 of the RTI application, pertains to personal information of third party(ies), the disclosure of which has no relationship to any public interest and would cause an unwarranted invasion of the privacy of the third parties. Hence, its disclosure is exempted under Section 8(1)(j) of the RTI Act. However, the information sought vide point nos. A, B, C and D of Part 1/1, Part 1/2, Part 2 and Part 3 of the RTI application, except the details of quotations/ tenders/ invitations/bids received from the unsuccessful contractors/bidders to whom the contract/work order was not awarded, is disclosable under the RTI Act. The Commission, therefore, directs the CPIO to provide information on above said points of the RTI application, after severing information relating to the personal information of third parties, the disclosure of which has no relationship to any public interest and would cause an unwarranted invasion of the privacy of the third parties and hence, is exempted from disclosure under Section 8(1)(j) of the RTI Act to the appellant/complainant within a period of four weeks from the date of receipt of a copy of this order under intimation to the Commission.
File No. CIC/OBKOC/A/2017/165538/C
8. The Commission observes that, prima facie, it appears that no reply in response to the RTI application was given to the appellant/complainant. However, the reasons for the same could not be ascertained as the respondent stated that he was not the CPIO at the relevant time. The Commission, therefore, directs the Registry of this Bench to issue a Show Cause Notice to Shri R.K. Sharma, the then CPIO, Chief Manager, Oriental Bank of Commerce, Sector-17, Faridabad for explaining as to why action under Section 20(1) of the RTI Act should not be Page 4 of 5 initiated against him. Shri Sanjeev Malhotra, Asstt. General Manager, Oriental Bank of Commerce, Regional Office, Amritsar, Punjab shall ensure that a copy of this order is served upon Shri R.K. Sharma, the then CPIO, Chief Manager, Oriental Bank of Commerce, Sector-17, Faridabad.
9. With the above observations, the appeal/complaint are disposed of.
10. Copy of the decision be provided free of cost to the parties.
Sudhir Bhargava (सुधीर भाग व) Information Commissioner (सूचना आयु ) दनांक / Date : 05.12.2018 Authenticated true copy (अिभ मािणत स यािपत ित) S. S. Rohilla (एस. एस. रोिह ला) Dy. Registrar (उप-पंजीयक) 011-26105682 / [email protected] Addresses of the parties:
1. The Central Public Information Officer (CPIO), Oriental Bank of Commerce, Cluster Monitoring Office (RR&L), B-10, Administrative Block, Distt. Shopping Complex, Ranjit Avenue, Amritsar- 143001.
2. Shri Rajesh Kumar Sharma Page 5 of 5