Mallikarjun vs Rural / Gramin Banks on 23 February, 2022

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Central Information Commission

Mallikarjun vs Rural / Gramin Banks on 23 February, 2022

1. The issues under consideration arising out of the second appeal dated 13.05.2019 include non-receipt of the following information raised by the appellant through his RTI application dated 01.04.2019 and first appeal dated 15.04.2019:-

(i) Appellant did not find his name in eligible pension list as per SLPC/39288/2012 order dated 25.04.2018 and so far he had not receive3d acknowledgement of his pension claim. Please inform him very reason for not including his name and forward acknowledgement.

(ii) Since retirement he was ailing from Paralysis and Disabled and spending Rs. 6000/-

p.m for tablets, injections and Doctor consulting fee. Is there any provision for reimbursement from bank.

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(iii) In how many days bank will include his name in eligible pension list and realize eligible pension.

(iv) Name and designation of the Officer looking the pension payment to retirees.

2. Succinctly facts of the case are that the appellant filed an application dated 01.04.2019 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Karnataka Gramin Bank, Ballari, seeking aforesaid information. The CPIO vide letter dated 03.05.2019 replied to the appellant. Dissatisfied with the same, the appellant filed first appeal dated 15.04.2019 The First Appellate Authority vide order dated 06.05.2019 disposed of the first appeal. Aggrieved by the same, the appellant filed a second appeal dated 13.05.2019 before the Commission which is under consideration.

3. The appellant has filed the instant appeal dated 13.05.2019 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 03.05.2019 and the same is reproducedas under:

"i. Eligibility of pension will be determined as per Pragathi Krishna Gramin Bank (Employees) Pension Regulations 2018 published in extraordinary gazette of India Notification No 505 PART III Section 4 dated 18. 12 .2018 Bank has received your option letter for pension.

ii. There are no such guidelines at present iii. same as point no. I"

iv. The bank holds the information in a fiduciary capacity and exempted from disclosure under Section 8 (1) (e) of the RTI Act 2005."

The FAA vide order dated 06.05.2019 upheld the reply given by the CPIO.

Hearing on 02.09.2021:

4. The appellant and on behalf of the respondent Shri D. Shankar Narayana, Chief Manager & CPIO, Karnataka Gramin Bank, Ballari, attended the hearing through video conference.

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4.1. The Commission passed the following directions on 11.10.2021:

"6. The Commission after adverting to the facts and circumstances of the case, hearing both parties and perusal of records, observes that the reply given by the respondent was evasive and incomplete. Further, the reasons/submissions regarding non-payment of pension were not reflected in their written reply dated 03.05.2019. The appellant had sought information regarding payment of pension to him as he was disabled and was a former employee of the respondent bank. Therefore, the exemption invoked by the respondent under section 8 (1) (e) of the RTI Act was not sustainable in the eyes of law. In view of the above, Shri D. Shankara Narayana, present CPIO and Shri P Parthalingaiah, the then CPIO, are show caused as to why penalty under section 20 (1) of the RTI Act may not be imposed upon each of them for not furnishing the requisite information. The present CPIO is given the responsibility to serve a copy of this order upon the then CPIO and secure his written explanations as well as his attendance on the next date of hearing. All written submissions may be uploaded on the Commission's web portal within 21 days. Meanwhile, the respondent is directed that suitable revised reply/information be made available to the appellant and a copy of the same be uploaded on the Commission's web portal."

Hearing on 08.02.2022

5. The appellant remained absent and on behalf of the respondent Shri D. Shankara Narayana, Chief Manager & present CPIO, Rural/Gramin Bank, Karnataka, Bellary and Shri P Parthalingaiah, the then CPIO, Rural/Gramin Bank, Karnataka, Hassan attended the hearing through video conference.

5.1. The respondent while defending their case and endorsing their written explanations submitted that the appellant's name had not been included in the first list of the persons eligible for pension as option form was not received from him in time. The list was published vide memo dated 21.02.2019 of Pragathi Krishna Grmain Bank. In the said memo, it was clearly mentioned that "In terms of retirees whose option letters are received by the HR Wing and had been verified, the details of PF amount (Bank's contribution) to be refunded by them is furnished in the Annexure-I. In respect of the remaining option letters which are under process and those option letters, which we may receive in future, the details of PF amount to be refunded will be advised in due course." The respondent further explained that the name of the appellant was included in the list published vide memo dated 31.05.2019 at Sl. No. 5 and he Page 3 of 5 was directed to refund an amount of Rs. 5,52,514/-, so that payment of pension would commence. It was also informed that there was no provision for reimbursement of medical expenses of retired staff. The CPIO informed the Commission that the information was sent to the wife of the appellant Smt. Kalpana as the appellant passed away on 28.06.2020. The CPIO reiterated that the information was provided in a time bound manner but the inclusion of the appellant's name was delayed due to delay caused in receipt of pension option form from the appellant. Therefore, there was no mala fide on their part and they had made all efforts to respond to the appellant within stipulated time.

6. The Commission after adverting to the facts and circumstances of the case, hearing the respondent and perusal of records, observes that the respondent duly complied with the Commission's order dated 11.10.2021 and provided point-wise information to the appellant's wife as the appellant passed away on 28.06.2020. Further, the perusal of the written reply and written explanations revealed that the delay caused in the matter regarding inclusion of the appellant's name in the list of persons for eligible pension was not attributable to the CPIOs. Therefore, the written explanations submitted by the CPIOs are reasonable and satisfactory. In absence of any mala fide, there appears to be no ground for initiating penal action against the CPIOs. The show cause notices issued against Shri D. Shankara Narayana, present CPIO and Shri P Parthalingaiah, the then CPIO, are hereby dropped. Accordingly, the appeal is disposed of.

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

Sd/-

(Suresh Chandra) (सुरेश चं ा) Information Commissioner (सूचना आयु ) दनांक/Date: 22.02.2022 Authenticated true copy R. Sitarama Murthy (आर. सीताराम मूत ) Dy. Registrar (उप पंजीयक) 011-26181927(०११-२६१८१९२७) Page 4 of 5 Addresses of the parties:

CPIO : KARNATAKA GRAMIN BANK HEAD OFFICE, 32, SANGANAKAL ROAD, GANDHINAGAR, BALLARI, KARNATAKA THE FIRST APPELLATE AUTHORITY, KARNATAKA GRAMIN BANK HEAD OFFICE, 32, SANGANAKAL ROAD, GANDHINAGAR, BALLARI, KARNATAKA CPIO: 1. CENTRAL PUBLIC INFORMATION OFFICE, KARNATAKA GRAMIN BANK, HEAD OFFICE, 32, SANGANAKAL ROAD, GANDHINAGAR, BALLARI, KARNATAKA-583103.

2. CENTRAL PUBLIC INFORMATION OFFICE, SHRI D. SHANKARA NARAYANA, KARNATAKA GRAMIN BANK, HEAD OFFICE, 32, SANGANAKAL ROAD, GANDHINAGAR, BALLARI, KARNATAKA-583103.

3. CENTRAL PUBLIC INFORMATION OFFICE, SHRI D. SHANKARA NARAYANA, KARNATAKA GRAMIN BANK, HEAD OFFICE, 32, SANGANAKAL ROAD, GANDHINAGAR, BALLARI, KARNATAKA-583103. (FOR FORWARDING TO THE THEN CPIO, SHRI P. PARTHALINGAIAH) SH. MALLIKARJUN Page 5 of 5

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