Central Information Commission
Mr.Vijay Kumar Monga vs Indian Overseas Bank on 10 April, 2012
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2012/000086/18323
Appeal No. CIC/SG/A/2012/000086
Relevant Facts emerging from the Appeal
Appellant : Mr. Vijay Kumar Monga
R/o: 252, Friends Colony, Gopal Nagar,
Hari Mandir, Amritsar (Punjab).
Respondent : Public Information Officer
Indian Overseas Bank, O/o Deputy General Manager, RTI Cell, Law Department, Central Off: 763, Anna Salai, Chennai - 600002.
RTI application filed on : 22/07/2011 PIO replied : 24/08/2011 First appeal filed on : 02/09/2011 First Appellate Authority order : 30/09/2011 Second Appeal received on : 04/01/2012 Information Sought:
1. Copy of office notes prepared and approved at my frequent transfers between the period from June 2007 to May 2008 from Amritsar Cantt to Gurdaspur and further to RD Ludhiana and then to CCO Ludhiana posting me as Manager first line, where I joined on 18.06.2008 after relief from Gurdaspur on 12.06.2008.
2. Copy of Relieving Officer Certificate prepared by my reliever for handing over to me at the time of my relief from GURDASPUR branch, which till date is not sent to me despite various requests.
3. Kindly send legible typed copy of note prepared on letter No. RO/VIG/229/2008-09 dated 19.06.2008 sent by RO Ludhiana to Vigilance Dept. GO, as handwritten note is not readable.
4. What are the full form of Mr. TVV AGM and GM PKT appeared in the note.
5. Please advise the name, designation and address & the maker of the note who has signed the above said note and altered the date to 01/07/08.
6. Please send copy of all the notes prepared in my case till date after the above said note dated 01.07.08.
7. On page (2) of the enquiry proceedings dated 28.10.10 held at Amritsar Cantt branch P0 has stated 9 have also arranged for management witnesses from Govt. offices and they have come to Amritsar from faraway places to attend the enquiry. Kindly name such persons with their date and time of arrival and their place of stay.
8. Copies of letters of communication sent to all the 12 management witnesses mentioned in the list of management witnesses given by Presenting Officer may kindly be sent.
9. In the enquiry proceedings dated 29.10.10 Sri Avtar Singh and Mr. Navpreet Singh are identified by Mr. Kashmiri Singh Roil No. 46201 armed guard of IOB Cantonment branch as stated by PO. It is not made clear by PO which Cantonment branch - kindly ascertain from P0 whether Mr. Page 1 of 3 Kashmiri Singh is posted at Amritsar /Delhi/Agra/Pune or any other Cantonment branch of IOB as there is no staff in the name of Mr. Kashmiri Singh. Please advise correct name.
10. Kindly advise the addresses of Sri Avtar Singh and Mr. Navpreet Singh as their addresses are not recorded in the Enquiry Proceedings for the reason that they belong to terrorist outfits which is well in the knowledge of IA/PO, whereas addresses of other witnesses were recorded. In this regard, also please send copy of letters of communication sent by IA/PO through post advising them to appear for witness at Amritsar Cantt. branch as these culprits must be brought to the knowledge of appropriate authorities. Kindly send this information/record within 72 hours as it is related to national security.
Reply of the Public Information Officer (PIO):
1. Query No.1 :- Fresh attested copy of the investigation report dated 12.03.2008 of Mr. Jerry D'Souza enclosed with CO letter as referred against pare (4) on Page 1 1(copy enclosed) containing the quoted para in the investigation report submitted by Mr. S. Rajendran.
Reply:- It is reported that you had already been supplied with voluminous documents including copy of the Investigation report of Sri. Rajendran along with enclosures during the preliminary enquiry in the disciplinary proceedings during February 2010. Further, during the cross examination of the investigating official during 28' and 29' October 2010 you was given an opportunity to peruse the original documents. In the departmental proceedings. In view of the above facts and circumstances, there is no merit in seeking the voluminous documents which were already furnished to you during the disciplinary proceedings by way of filing petition under RTI Act. Therefore, repeatedly supplying copies of such voluminous documents would unnecessarily and disproportionately divert the resources of the authorities.
2. Query No. 2:- On Page (18) (copy enclosed) against para 9(2) it is mentioned 'There are discrepancies in the written complaint submitted by Mrs. Jag". Kindly list out these discrepancies clearly.
3. Reply: - Your request to CPIO for listing out the discrepancies observed by the Investigating official, does not fall under the definition of 'Information' as per Sec 2(f) of RTI Act 2005 and beyond the scope and duties of CPIO. Please be advised under provisions of RTI Act 2005. Public authority is not being expected to create" and generate afresh 'information' where none exists, "because it is sought by a petitioner. Your right extends only to seeking Information as defined in Sec 2(1) either by pinpointing the file, document, paper or record etc or by mentioning the type of information as may be available with the specified public authority. Also RTI Act, does not require the Public Information Officer to deduce some conclusion from the material and supply the conclusion from the material so deduced to the applicant. PIO is only required to supply the 'material' in the form as held by the Public Authority and is not required to perform Interpretation on behalf of- the citizen to deduce anything from the material and then supply to him.
Grounds for the First Appeal:
Unsatisfactory reply was provided to the appellant by the PIO which amounts to denial of information.
Order of the First Appellate Authority (FAA):
"FAA ordered CPIO to supply the copies of the transfer order & copies of the Relieving Manager's Certificate".
Grounds for the Second Appeal:
"unsatisfactory response from PIO & FAA".Page 2 of 3
Relevant Facts emerging during Hearing:
The following were present Appellant: Mr. Vijay Kumar Monga on video conference from NIC-Amritsar Studio; Respondent: Absent;
The Appellant states that certain information has been supplied to him after the order of the FAA by the PIO. However, he has not been given the following information:
1- The relieving manager certificate of the Gurdaspur Branch 2- Office notes in his disciplinary case prepared after 01 July 2008. 3- Copy of summons sent to Management witnesses mentioned at query-8. 4- Copy of TA Bills of the Management Witnesses south at query-7.
Decision:
The Appeal is allowed.
The PIO is directed to provide the information mentioned above to the Appellant before 05 May 2012.
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 10 April 2012 (In any correspondence on this decision, mention the complete decision number.) (SS) Page 3 of 3