Romi Jaiswal vs Bank Of India on 19 July, 2023

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Central Information Commission

Romi Jaiswal vs Bank Of India on 19 July, 2023

1. The issue under consideration arising out of the second appeal dated 13.12.2021 include non-receipt of the following information sought by the appellant through the RTI application dated 16.09.2021 and first appeal dated 22.10.2021:-

 Requests for 'copy/(ies) of all of the following documents' / 'information' directly or indirectly related 'to her' or 'to the bank'.

(i) File notings for engaging counsel/(s) (empanelled or otherwise) for: -

a) 'Review of documents, drafting, filing & attending appeal hearing against order of welfare officer dated 16.12.2020 in case of maternity benefit titled Romi Jaiswalvs Bank of India' along with 'all other related activities for the same'.

b) 'Review of documents, drafting, filing & attending hearing against order of Labour commissioner cum Appellate authority dated 31.03.2021 vide Page 1 of 6 case no. CWP-13098-2021 in Hon High Court titled Bank of India vs Labour commissioner & ors.' along with 'all other related activities the same'.

c) 'Review of documents, drafting, filing & attending appeal hearing against order dated 26.07.2021 of Hon High Court in case no. CWP-

13098-2021 titled Bank of India vs Labour Commissioner &ors.' along with all other related activities for the same'.

d) "Review of documents, drafting, filing & 'attending (if applicable on the date of preparation of RTI reply)' hearing the case before learned Single Judge after order of Division bench of Hon High Court of Punjab & Haryana in case of Bank of India vs Labour Commissioner &ors." along with 'all other related activities for the same'.

e)All legal advice/(s) in any of the matter related to above mentioned case/(s) or subject matter.

(ii) Document/(s) containing detail/(s) of:-

a) Amount of fee PAYABLE to counsel against above listed items i.e. 1 (a), 1(b), 1(c), 1(d) & 1(e).

b) Amount of fee APPROVED for payment to counsel against above listed items i.e. 1 (a), 1(b),1(c), 1(d) & 1(e).

c) Amount of fee PAID for payment to counsel against above listed items i.e.1 (a), 1(b), 1(c), 1(d) & 1(e).

(iii) Document/(s) containing:-

a) Legal advice/(s) obtained at any of the stage since filing of complaint by Mrs Romi Jaiswal (undersigned) i.e. 02.12.2020 in above mentioned matter (in 1 & 2) of maternity benefit till date.

b) File noting/(s) on legal advice/s(s) referred in 3 (a) above.

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(iv) Communication/(s) between BOI, Zonal office Chandigarh and Head Office related to:-

a)Any of the activities mentioned in Section-1,2& 3 and all of the subsections.

b) Legal advice (internal or external) in above mentioned matter of maternity (between 1 to 3) benefit till date.

(v) Total expense/ amount payable or paid till date in: -

a)Above mentioned matter (between 1 to 3) &

b)All other expense (excluding counsel fee) in the matter of complaint of Mrs.RomiJaiswal for maternity benefit and related subsequent events.

2. Succinctly facts of the case are that the appellant filed an application dated 16.09.2021 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Bank of India, Mumbai. The CPIO vide letter dated 14.10.2021 replied to the appellant. Aggrieved by the same, the appellant filed first appeal dated 22.10.2021.The First Appellate Authority(FAA) vide order dated 29.11.2021 disposed of the first appeal. Aggrieved by that, the appellant filed second appeal dated 13.12.2021 before the Commission which is under consideration.

3. The appellant has filed the instant appeal dated13.12.2021 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 14.10.2021 and the same is reproduced as under:-

"We have referred the matter to the concerned functional department on the basis of their reply, we inform you that it may be not appropriate to provide the notings, legal advice etc. as the matter is still going on and we are in the process of filing Review Petition against the order passed by the Hon'ble HC in CWP no. 13098 of 2021, as allowed in order passed by Hon'ble HC in LPA-796 of 2021."

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The FAA vide order dated 29.11.2021 disposed of the first appeal with following observations:-

"Point No (i) and (iii).Information sought was regarding the notings for engaging counsels for representing bank before the various Courts/Commissions/Tribunals/Organizations and legal advice received from them against the cases filed by the appellant. The information is exempted under section8(1) (d of the RTI Act, 2005".

"Point No (ii) and (v). Appellant sought the information relating to the professional fees payable/paid to legal counsel and other related expenses of the bank. The information is private and confidential in nature hence exempted under section 8(1) (d) of the RTI Act, 2005".

"Point No (iv). Appellant sought the information about the internal communication of the bank which is exempted under section 8(1)(d) of the RTI Act, 2005."

5. The appellant remained absent and on behalf of the respondent Shri Sasi Kumar, CPIO, Bank of India, Mumbai, attended the hearing through video conference.

5.1. The respondent while defending their case inter alia submitted that they had already provided point-wise reply to the appellant vide letter dated 29.11.2021. They further submitted that the appellant's grievance had already been settled and therefore he did not appear before the Commission.

6. The Commission after adverting to the facts and circumstances of the case, hearing the respondent and perusal of records, observed that reply given by the respondent was incomplete and evasive. The respondent during the course of hearing submitted that the appellant's grievance was settled by the bank. However, they failed to place copy of any satisfaction letter on record and in the absence of the appellant it could not be ascertained that he was satisfied with the action of the respondent. Perusal of the RTI application revealed that the appellant sought information regarding file noting for engagement of counsels (empanelled or otherwise), fee paid to the counsels, legal advice obtained for Page 4 of 6 filing cases in the court etc. The respondent had denied the information under section 8 (1) (d) of the RTI Act. It may not be out of pace to mention that file noting for engagement of counsels, fees paid to the counsel and other expenses made in defending the cases in different fora including courts were public activity and expenses were incurred from the public funds. Therefore there should be transparency in the expenses made from the public fund. Once the document of counsel i.e. bill is submitted to the public authority the same becomes public documents. The object of the RTI Act is to empower the citizens, promote transparency and accountability in the working of the public authority.The exemption claimed by the respondent was not sustainable in the eyes of law.Moreover, the appellant sought information related to her case. In view of the above, the respondent is directed to revisit the RTI application and provide revised point-wise information to the appellant, within three weeks from the date of receipt of this order. With the above observations and directions, the appeal is disposed of.

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

Sd/-

(Suresh Chandra) (सुसुरेशचं ा) ा सूचनाआयु ) Information Commissioner (सू दनांक/Date: 19.07.2023 Authenticated true copy R. Sitarama Murthy (आर. सीताराममूत#) Dy. Registrar (उपपंजीयक) 011-26181927(०११-२६१८१९२७) Addresses of the parties:

The CPIO Bank of India RTI Cell, Legal Department, 4th Floor, East Wing, Star House, C-5, G-Block, BandraKurla Complex, Bandra(EAST), Mumbai 400051 Page 5 of 6 First Appellate Authority Bank of India, RTICell, Legal Department, 4th Floor, East Wing, Star House,C-5, G-Block, BandraKurla Complex, Bandra(EAST), Mumbai 400051 Ms.Romi Jaiswal Page 6 of 6

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