Central Information Commission
Asokaraj S. vs Canara Bank on 23 April, 2024
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग ,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
िशकायत सं या / Complaint No. CIC/CANBK/C/2023/635845
ि तीय अपील सं या / Second Appeal No. CIC/CANBK/A/2023/604002
CIC/CANBK/A/2023/600594
Asokaraj S. ...िशकायतकता/Complainant
... अपीलकता/Appellant
VERSUS
बनाम
CPIO:
... ितवादीगण/Respondents
1. Canara Bank, Madurai
2. Canara Bank,
Bengaluru
Relevant dates emerging from the appeal:
Sl No. Second Date of Date of Date of FA Date of Date of
Appeal RTI CPIO's FAO SA/Complaint
No. ApplicationReply
1. 635845 29.03.2023 12.04.2023 29.04.2023 Not on 20.07.2023
record
2. 604002 08.11.2022 07.12.2022 13.12.2022 10.01.2023 21.01.2023
3. 600594 08.11.2022 19.11.2022 13.12.2022 28.12.2022 03.01.2023
Date of Hearing: 19.04.2024
Date of Decision: 22.04.2024
Page 1 of 8
CORAM:
Hon'ble Commissioner
_ANANDI RAMALINGAM
ORDER
Complaint No. CIC/CANBK/C/2023/635845
1. The Complainant filed an RTI application dated 29.03.2023 seeking information regarding letter no. MDUCRL/RTI/251/2022 KMV dated 15.03.2023 on the following points:
(i) Please provide a copy of the service code, wherein the General Manager has been, said to be, declared as the Appointment Authority for the workmen employees.
(ii) Please provide a copy of the Service Code, wherein the Assistant General Manager has been, said to be, declared as the Disciplinary Authority for the workmen employees.
1.1 The CPIO replied vide letter dated 12.04.2023 and the same is reproduced as under:-
"Point (i) - Disclosure of internal communication is exempted under section 8(1)(d) of the RTRI Act, 2005.
Point (ii) - The information sought is already available in the public domain on the bank website https://canarabank.com/2329/cbsc-chapterxi-da.pdf "
1.2 Dissatisfied with the response received from the CPIO, the Complainant filed a First Appeal dated 29.04.2023 alleging that the information provided was incomplete, false and misleading. The FAA's order, if any, was not available in the records.
1.3 Aggrieved with the same, the Complainant approached the Commission with the instant Complaint dated 20.07.2023.
Page 2 of 8Second Appeal No. CIC/CANBK/A/2023/604002
2. The Appellant filed an RTI Application dated 08.11.2022 seeking the following information:
(i) Please provide the number of clerks and Probationary officers (POs) recruited or appointed in the Madurai circle of Canara Bank, Madurai, year wise from the year. 1992 to 2020 The details of clerks and POs appointed in a Circle will/ must be available in the HRM Section of the Circle Office and cannot be termed as the details sought for is vague or not clear or not readily available and so on as transfer orders are issued based on the said appointment order.
(ii) Please provide the number of clerks and Probationary officers recruited or appointed in the Madurai circle of Canara Bank, Madurai, year wise from the year 1992 to 2020, by the General Manager of Madurai Circle. The details of clerks and POs appointed in a Circle will/ must be available in the HRM Section of the Circle Office and cannot be termed as the details sought for is vague or not clear not readily available and so on as transfer orders are issued based on the said appointment order.
(iii) Please provide the number of clerks and Probationary officers recruited or appointed in the Madurai circle of Canara Bank, year wise from the year 1992 to 2020, by the Deputy General Manager of Madurai Circle. The details of clerks and POs appointed in a Circle will/ must be available in the HRM Section of the Circle Office and cannot be termed as the details sought for is vague or not clear and so on not readily available and so on as transfer orders are issued based on the said appointment order.
(iv) Please provide the number of clerks and Probationary officers recruited or appointed in the Madurai circle of Canara Bank, Madurai, year wise from the year 1992 to 2020, by the Assistant General Manager of Madurai Circle. The details of clerks and POs appointed in a Circle will/ must be available in the HRM Section of the Circle Office and cannot be termed as the details sought for Page 3 of 8 is vague or not clear not readily available and so on as transfer orders are issued based on the said appointment order.
(v) Please provide the number of clerks and Probationary officers recruited or appointed in the Madurai circle of Canara Bank, Madurai, year wise from the year 1992 to 2020, by the Chief Manager of any Branch in the Madurai Circle.
The details of clerks and POs appointed in a Circle will/ must be available in the HRM Section of the Circle Office and cannot be termed as the details sought for is vague or not clear not readily available and so on as transfer orders are issued based on the said appointment order. etc. 2.1 The CPIO replied vide letter dated 07.12.2022 and the same is reproduced as under:-
"Point (i) to (v) - The information is not maintained in the manner sought for."
2.2 Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 13.12.2022 alleging that the reply given by the CPIO was incomplete, false and misleading. The FAA vide order dated 10.01.2023 upheld the reply given by the CPIO.
2.3 Aggrieved with the same, the Appellant approached the Commission with the instant Second Appeal dated 21.01.2023.
Second Appeal No. CIC/CANBK/A/2023/600594
3. The Appellant filed an RTI Application dated 08.11.2022 seeking the following information:
(i) Please provide the number of clerks and Probationary officers (POs) recruited or appointed in the Canara Bank, BANGALORE, Circle wise, year wise from the year.
1992 to 2020 The details of clerks and POs appointed in a Circle will/ must be available in the HRM Section of the Circle Office and cannot be termed as the details sought for is vague or not clear or not readily available and so on as transfer orders are issued based on the said appointment order.
(ii) Please provide the number of clerks and Probationary officers recruited or appointed in the Canara Bank, BANGALORE, Circle wise, year wise from the year 1992 to 2020, by the Chairman of Canara Bank. The details of clerks and POs Page 4 of 8 appointed in a Circle will/ must be available in the HRM Section of the Circle Office and cannot be termed as the details sought for is vague or not clear not readily available and so on as transfer orders are issued based on the said appointment order.
(iii) Please provide the number of clerks and Probationary officers recruited or appointed in the Canara Bank, BANGALORE, Circle wise, year wise from the year 1992 to 2020, by the Managing Director of the Canara Bank. The details of clerks and POs appointed in a Circle will/ must be available in the HRM Section of the Circle Office and cannot be termed as the details sought for is vague or not clear not readily available and so on as transfer orders are issued based on the said appointment order.
(iv) Please provide the number of clerks and Probationary officers recruited or appointed in the Canara Bank, BANGALORE, Circle wise, year wise from the year 1992 to 2020, by the Chief General Manager of Canara Bank. The details of clerks and POs appointed in a Circle will/ must be available in the HRM Section of the Circle Office and cannot be termed as the details sought for is vague or not clear not readily available and so on as transfer orders are issued based on the said appointment order.
(v) Please provide the number of clerks and Probationary officers recruited or appointed in the Canara Bank, BANGALORE, Circle wise, year wise from the year 1992 to 2020, by the General Manager of Canara Bank, BANGALORE. The details of clerks and POs appointed in a Circle will/ must be available in the HRM Section of the Circle Office and cannot be termed as the details sought for is vague or not clear not readily available and so on as transfer orders are issued based on the said appointment order. etc. 3.1. The CPIO replied vide letter dated 19.11.2022 and the same is reproduced as under:-
"We wish to inform that Canara Bank does not recruit Probationary Officers and Clerks circle wise. Hence the enquired data is not maintained in the manner sought for. Further please find the total number of Probationary Officers and Clerks recruited/appointed in Canara Bank during enquired years in the attached files."Page 5 of 8
3.2 Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 13.12.2022 alleging that the information provided was incomplete, false and misleading. The FAA vide order dated 28.12.2022 upheld the reply given by the CPIO.
3.3 Aggrieved with the FAA's order, the Appellant approached the Commission with the instant Second Appeal dated 03.01.2023.
Hearing Proceedings (19.04.2024):
4. The appellant/complainant remained absent and on behalf of the respondent (Respondent No. 1-Madurai Branch) Shri Chandrashekhar Panakanti, Divisional Manager, Madurai; and on behalf of the respondent no. 2 (Bangalore Branch) Ms. Mridula, CPIO, attended the hearing through video conference.
5. The respondent no. 1 while defending their case in complaint no. CIC/CANBK/C/2023/635845 inter alia submitted that the information with respect to point no. (ii) of the RTI application i.e. Service Code, wherein the Assistant General Manager has declared as the Disciplinary Authority for the workmen employee, is already available in the public domain. However, the information with respect to point no. (i) of the RTI application was not disclosed in the public domain. The CPIO, on being queried, stated that the information with respect to point no. (i) of the RTI application had not been placed in public domain, since the CPIO had an inhibition that the information contained certain information involving commercial confidence. However, since the information sought on both the points in the RTI application were similar, the CPIO stated that they would provide revised information with respect to point no. (i) of the RTI application.
5.1. The respondent no. 1 while defending their case in CIC/CANBK/A/2023/604002, inter alia submitted that the information sought regarding Clerks and Probationary Officers (POs) recruited or appointed in the Madurai circle of Canara Bank, was voluminous. Moreover, the information was neither maintained in the manner sought for in the RTI application nor could not be collated, specifically, for the purpose of responding to the RTI application.
Page 6 of 85.2. The respondent no. 2 while defending their case in CIC/CANBK/A/2023/600594 that in pursuance to the receipt of the RTI application dated 08.11.2022, they contacted the Head Office requesting for records, if available. The CPIO further stated that the Head Office provided year-wise cumulative data of total number of clerks and probationary officers hired by Canara Bank, Bangalore, for the period 1992 to 2020, and the same was disclosed to the appellant. However, the details regarding the recruited clerks and officers were voluminous and were not maintained in the manner sought for in the RTI application.
6. The Commission after adverting to the facts and circumstances of the case, hearing the respondents and perusal of records, observes in CIC/CANBK/C/2023/635845 that the respondent no. 1 had replied on 12.04.2023. During the course of hearing, respondent no. 1 submitted that the stand taken by them, with respect to the points seeking similar information, was inconsistent. Therefore, the CPIO gave an oral undertaking that they would re-visit point no. (i) of the RTI application and provide revised information to the complainant. The CPIO also explained that the erstwhile CPIO had replied based on the records available under his custody. In view of the above affirmation, no mala fide is attributable to the CPIO for an error in judgment. Moreover, the present CPIO has assured to provide revised information with respect to point no. (i) of the RTI application. That being so, there appears to be no ground to initiate action in the complaint. Accordingly, the complaint (CIC/CANBK/C/2023/635845) is closed.
6.1. In CIC/CANBK/A/2023/604002, the respondent no. 1 has given an appropriate reply vide letter dated 07.12.2022. The sought information being voluminous in nature, the CPIO explained that the same was neither maintained nor compiled in the prescribed format. Therefore, there appears to be no infirmity with the reply given by the CPIO. Accordingly, the appeal (CIC/CANBK/A/2023/604002) is dismissed.
6.2. In CIC/CANBK/A/2023/600594, the respondent no. 2 has given an adequate reply along with the year-wise cumulative data of total number of clerks and probationary officers hired by Canara Bank, Bangalore, for the period 1992 to 2020, obtained from the Head Office, Bangalore. Further, the appellant/complainant remained absent. In absence of the appellant/complainant, the averments made by the respondent in all three cases were Page 7 of 8 taken on record. That being so, there appears to be no scope for further intervention in the matters. Accordingly, the appeal (CIC/CANBK/A/2023/600594) is dismissed.
Copy of the decision be provided free of cost to the parties.
Sd/-
आनंदी राम लंगम)
(Anandi Ramalingam) (आनं म
सूचना आयु )
Information Commissioner (सू
दनांक/Date: 22.04.2024
Authenticated true copy
Col S S Chhikara (Retd) (कनल एस एस िछकारा, ( रटायड))
Dy. Registrar (उप पंजीयक)
011-26180514
Addresses of the parties:
1. The CPIO
CANARA BANK, DM & CPIO,
Circle Office: Madurai,
St. Mary's Campus, East Veli Street,
Madurai - 625001
2. The CPIO
Canara Bank, Nodal CPIO,
RTI Cell, Head Office (Annex),
LIC Building, 113, J. C. Road,
Bengaluru-560002
3. Asokaraj S.
Page 8 of 8
Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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