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Central Information Commission

Anurag Kumar vs Bank Of Baroda on 12 September, 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 No. CIC/BKOBD/A/2017/144753


Anurag Kumar                                                ... अपीलकता /Appellant


                                      VERSUS
                                       बनाम


CPIO, Bank of Baroda, Regional                           ... ितवादीगण /Respondents
Office, Agra.


Relevant dates emerging from the appeal:

RTI : 23.04.2017            FA      : 14.06.2017          SA     : 25.06.2017

CPIO : 05.06.2017           FAO : 20.06.2017              Hearing : 07.09.2018


                                     ORDER

1. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Bank of Baroda, Regional Office, Agra seeking information on ten points, including, inter-alia, (i) complete details of terminal benefits of the appellant and (ii) a copy of the document on the basis of which his last place of posting was decided.

2. The appellant filed a second appeal before the Commission on the grounds that the CPIO provided false information and also without any documentary proof. The appellant requested the Commission to direct the CPIO to provide the information sought for and to impose a penalty of Rs. 25000/- upon the CPIO under Section 20(1) of the RTI Act and also to recommend disciplinary action against the CPIO under Section 20(2) of the RTI Act.

Hearing:

3. The appellant Shri Anurag Kumar and the respondent Shri J.N. Chopra, Deputy General Manager, Bank of Baroda, Regional Office, Agra attended the hearing through video conferencing.

4. The appellant submitted that on point nos. 1(D), (E) and (G) of the RTI application the CPIO instead of forwarding the RTI application to the CPIO concerned, denied the information stating that the information sought pertains to Modinagar Branch (DMR-III Region). Further, the CPIO has refused to an order no. ROA:12:VIG:197 dated 14.06.2013, in response to point nos. 3, 5, 6 and 8 of the RTI application, however, a copy of the said order has not been provided to him.

5. The respondent submitted that in response to the RTI application a point wise reply was provided to the appellant vide letter dated 05.06.2017. He stated that the information sought on point nos. 1(D), (E) and (G) of the RTI application pertains to Modinagar Branch (DMR-III Region). However, due to oversight, the RTI application was not transferred to the Branch concerned. The respondent tendered his unconditional apology for this lapse and requested the Commission to Page 2 of 4 condone the same. The respondent further stated that the appellant has filed a large number of RTI applications and the information as available on records has already been provided to him several times.

Decision:

6. The Commission, after hearing the submissions of both the parties and perusing the records, observes that a point wise reply was provided to the appellant vide letter dated 05.06.2017. However, in response to point nos. 3, 5, 6 and 8 of the RTI application the CPIO has not provided a copy of final order no. ROA:12:VIG:197 dated 14.06.2013. The Commission, therefore, directs the CPIO to provide a copy of the said order to the appellant.

7. The Commission also observes that on point nos. 1(D), (E) and (G) of the RTI application the CPIO instead of transferring of application to the Branch concerned, merely stated that the information sought pertains to Modinagar Branch (DMR-III Region). The Commission, therefore, observes that the respondent was aware that the information sought for was held by another branch of the bank. In view of this, the respondent should have sought assistance of the officer concerned, under Section 5(4) of the RTI Act, and furnished the information to the appellant. The Commission, therefore, directs the respondent to obtain above-said information from the deemed CPIO concerned and furnish it to the appellant. The above directions of the Commission shall be complied with, within a period of four weeks from the date of receipt of a copy of this order under intimation to the Commission.

8. With the above observations, the appeal is disposed of.

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

Sudhir Bhargava (सुधीर भाग व) Information Commissioner (सूचना आयु ) दनांक / Date 10.09.2018 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), Bank of Baroda, Regional Office, Agra Region, 60/4, 3rd Floor, F.C.I. Building, Sanjay Place, Agra -282002.

2. Shri Anurag Kumar Page 4 of 4