M Abdul Naseer vs Rural / Gramin Banks on 25 January, 2021

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Central Information Commission

M Abdul Naseer vs Rural / Gramin Banks on 25 January, 2021

1. The issues under consideration arising out of the second appeal dated 05.12.2018 include non-receipt of the following information raised by the appellant through his RTI application dated 01.10.2018 and first appeal dated 05.11.2018:-

 The details of the Casual Labours worked in the Saptagiri Grameena Bank Branches, 3 RM offices and in the Head Office on 29.9.2018 and the amount paid to them as the wage for their work on that day.

2. Succinctly facts of the case are that the appellant filed an application dated 01.10.2018 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Saptagiri Gramin Bank, Chittoor, seeking aforesaid Page 1 of 4 information. The CPIO vide letter dated 25.10.2018 replied to the appellant.

Dissatisfied with this, the appellant filed first appeal dated 05.11.2018. The First Appellate Authority vide order dated 29.11.2018 disposed of the first appeal. Aggrieved by this, the appellant filed a second appeal dated 05.12.2018 before this Commission which is under consideration.

3. The appellant has filed the instant appeal dated 05.12.2018 inter alia on the grounds that the respondent refused to provide information regarding casual labourers engaged by them and it was crucial and in larger public interest that the information be disclosed. 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 25.10.2018. The FAA vide order dated 05.11.2018.

5. The appellant and on behalf of the respondent Shri G Jai Kumar, Chief Manager(Inspection) and CPIO, Saptqagiri Grameena Bank, Chittoor, attended the hearing through video conference.

5.1. The appellant inter alia submitted that there was no recruitment of the sweepers / messengers, due to ban on recruitment, for the past several years and due to internal promotions, the messengers were promoted to the clerical cadre. The appellant further submitted that the Bank was utilizing the services of the local unemployed youth, on daily wage basis, for the past many years, for cleaning the premises and maintenance of the records. As per the EPF Official Squad Report, there are 316 Temporary / Casual Labours had been working in the Saptagiri Grameena Bank - Branches, RM Offices and Head Office on daily wage basis, for continuous period, for the past many years. The Saptagiri Grameena Bank HRM department vide its Circular Latter No. F.411/391/2017 Dated 12.10.2017 Circulated the minutes of the Structured Meeting, where in it is clearly evident that that there are Casual labour working in the Bank; they refused to share any information in response to RTI regarding Casual Labours working in the Bank.

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5.2. The respondent while defending their case inter alia submitted that there was no system of recruiting casual labour in Group-D category, therefore, furnishing list of such casual laborers did not arise. The respondent further submitted that the Manager of each Branch was empowered to engage unskilled labour on ad hoc basis and make payment towards daily wages under miscellaneous category. However, no list of labour was maintained by them.

6. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of records, observes that the reply given by the respondent is evasive and contradictory with the oral submissions made during the course of hearing. On one hand, the CPIO vide letter dated 25.10.2018 had replied that there were no casual labour/temporary employees on the rolls of the bank. However, the respondent during the hearing admitted that the Branch Manager engaged unskilled labour on ad hoc basis for miscellaneous activities. It may be noted that the respondent have failed to acknowledge the procurement of human resources by their bank and have not categorized any manner of recruitment/hiring/engagement or the modes of their payment for daily wages. The appellant has pointed out that the EPF Official Squad Report has inquired into the matter and have provided list of 316 casual labourers engaged by the respondent bank. The respondent having not addressed the issues in the RTI application have evaded their responsibility as a public authority. In view of the above, the RTI application be re-visited and suitable reply be given to the appellant within two weeks.

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

SD/-

(Suresh Chandra) (सुरेश चं ा) ा) Information Commissioner (सूचना आयु ) दनांक/Date: 25.01.2021 Authenticated true copy R. Sitarama Murthy (आर. सीताराम मूत ) Page 3 of 4 Dy. Registrar (उप पंजीयक) 011-26181927(०११-२६१८१९२७) Addresses of the parties:

CPIO :

1. SAPTAGIRI GRAMEENA BANK HEAD OFFICE, P.B. No. 17, NAIDU BUILDINGS, CHITTOOR -517 001 THE F.A.A, SAPTAGIRI GRAMEENA BANK, HEAD OFFICE, P.B. No. 17, NAIDU BUILDINGS, CHITTOOR - 517001 M Abdul Naseer Page 4 of 4

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