Praveen Khurana vs Punjab National Bank on 11 May, 2020

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Central Information Commission

Praveen Khurana vs Punjab National Bank on 11 May, 2020

1. The issues under consideration arising out of the second appeal dated 19.02.2018 include non-receipt of the following information raised by the appellant through his RTI application dated 18.11.2017 and first appeal dated 27.12.2017:-

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2. Succinctly facts of the case are that the appellant filed an application dated 18.11.2017 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Punjab National Bank, Circle Office, Prabhat Nagar, Saket, Meerut, seeking aforesaid information. The CPIO replied on 21.12.2017. Dissatisfied with the response of the CPIO, the appellant filed first appeal dated 27.12.2017. The First Appellate Authority disposed of the first appeal vide order dated 11.01.2018. Aggrieved by this, the appellant has filed a second appeal dated 19.02.2018 before this Commission which is under consideration.

3. The appellant filed the instant appeal dated 19.02.2018 inter alia on the grounds that respondent had not provided the requisite information.

4. The CPIO replied vide letter dated 21.12.2017 that the appellant was well versed with the procedure followed in the matter referred to by him in the RTI application and therefore, there was no requirement of furnishing the said information to him.

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4.1. The appellant attended the hearing in person and on behalf of the respondent Shri Manoj Kumar, Chief Manager & CPIO, Punjab National Bank, Meerut, attended the hearing through video conference.

4.2. The Commission passed the following directions on 11.12.2019:

"6. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of records, notes that reply given by the respondent was incomplete and misleading. It is pertinent to mention that the appellant sought information relating to his suspension which he claimed that the same was not given so far even after lapse of around two years from the date of filing of this RTI application. The respondent could not justify as to why complete information has not been provided till date. The Commission, therefore, directs the registry of this Bench to issue a Show Cause Notice to Shri G. S. Aggarwal, the then CPIO and Shri Manoj Kumar, Chief Manager & CPIO, Punjab National Bank, Circle, Office, Meerut, for explaining as to why maximum penalty under Section 20(1) of the RTI Act should not imposed upon each of them for aforesaid reasons. The present CPIO Shri Manoj Kumar is given a responsibility to serve a copy of this order to the then CPIO Shri G. S. Aggarwal and secure his written explanations. All the written explanations (from both the CPIOs) must reach to this Commission within 15 days. In the meantime, the respondent is directed to revisit the RTI application and provide a revised point-wise reply/information to the appellant as per the provisions of the RTI Act, within 15 days from the date of receipt of this order."

Hearing on 08.05.2020:

5. The appellant and on behalf of the respondent, Shri Manoj Kumar, Chief Manager & CPIO, Punjab National Bank, Meerut attended the hearing through audio conference.

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5.1. The appellant submitted that the respondent had provided incomplete information. The appellant further submitted that he had filed another RTI application seeking additional information relating to the allowance. The time of suspension was not conveyed to him which was crucial for determination of the salary calculation.

5.2. The respondent submitted that he had given his written explanation in response to the show cause notice vide letter dated 07.01.2020. The incidents related to the applicant occurred on 26.12.2011 and the applicant in 2017 had sought information through RTI. As the information sought was of an older date on the basis of the documents available at that time the information was provided by the CPIO Shri GS Aggarwal. After the hearing at CIC and on the directions of CIC the CPIO made full efforts to locate the documents and have personally visited the offices/branches where the applicant was working from the years 2011-2017 the documents required which were not traceable at that time were found and the information sought in the RTI application was again replied by the CPIO on orders of CIC via reply dated 06.01.2020. The respondent further submitted that the time was not mentioned in his suspension letter, however, complete details sought in the RTI were provided.

6. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of records, feels that due reply has already been given by the respondent in compliance of the Commission's order dated 11.12.2019.

The appellant has raised additional and fresh request for information during the hearing which are not part of the original RTI application. Therefore, the respondent is under no obligation to respond to those queries. The explanation furnished by the respondent is found reasonable and satisfactory. In absence of mala fide on the part of CPIOs, it would not be appropriate to take action under provisions of section 20 Page 4 of 5 of RTI Act. Therefore, the show cause notices against Shri G.S. Agarwal and Shri Manoj Kumar are 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: 11.05.2020 Authenticated true copy R. Sitarama Murthy (आर. सीताराम मूत ) Dy. Registrar (उप पंजीयक) 011-26181927(०११-२६१८१९२७) Addresses of the parties:

CPIO :

1. Sh. MANOJ KUMAR CHIEF MANAGER & C.P.I.O PUNJAB NATIONAL BANK, Circle Office, LIC Building, Prabhat Nagar, Saket, Meerut (U.P.) (For forwarding to Sh. G.S. AGARWAL, the then C.P.I.O)

2. Sh. MANOJ KUMAR CHIEF MANAGER & C.P.I.O PUNJAB NATIONAL BANK, Circle Office, LIC Building, Prabhat Nagar, Saket, Meerut (U.P.) Praveen Khurana Page 5 of 5

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