Central Information Commission
Amit Roy vs Punjab National Bank on 20 December, 2022
Author: Suresh Chandra
Bench: Suresh Chandra
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/PNBNK/C/2021/615306
Amit Roy ...िशकायतकता/Complainant
VERSUS
बनाम
CPIO: Punjab National Bank
Medinipur ... ितवादीगण /Respondents
Relevant dates emerging from the complaint:
RTI : 07.01.2021 FA : 06.02.2021 Complaint : Nil
CPIO : 28.01.2021 FAO : 23.02.2021 Hearing : 29.11.2022
CORAM:
Hon'ble Commissioner
SHRI SURESH CHANDRA
ORDER
(19.12.2022)
1. The issue under consideration i.e. the reliefs sought by the complainant in the complaint dated Nil due to alleged non-supply of information vide RTI application dated 07.01.2021 are as under:-
Kindly initiate necessary action as per the provisions of the RTI Act
2. Succinctly facts of the case are that the complainant filed an application dated 07.01.2021 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Punjab National Bank, Medinipur, seeking following information:
(i) Provide the list prepared by the Purba Medinipur Circle Office (under Kolkata Zonal Office) for the Inter Circle Transfer (ICT) of SWO candidates from Purba Page 1 of 4 Medinipur circle to various other circles according to the approval letter/list of ICT for workmen staff dated 23.10.2020.
(ii) Provide the copies of the latest official guidelines/rules and regulations/circulars in force which are being followed to prepare this list in a particular order for the execution of the transfers serial wise.
(iii) Highlight/mention the names of the ICT candidates got released so far from Purba Medinipur Circle with the date and ground of their release in this list.
(iv) Provide the actual number of employees (as on the date of the release of the latest ICT candidate from the branch) in different cadres in those branches of Purba Medinipur Circle from where the ICT candidates are released so far from 23.10.2020.
(v) Inform the names and designations of the regional union leaders/office bearers of the various bank unions who were discussed/consulted with regarding the release of ICT candidates from Purba Medinipur Circle and provide the certified copies of all communication in this regard till date.
(vi) Inform about the deadline for the completion of the release of all ICT candidates approved to be transferred according to the list dated 23.10.2020.
The CPIO vide letter dated 28.01.2021 replied to the complainant. Aggrieved by the same, the complainant filed first appeal dated 06.02.2021. The First Appellate Authority (FAA) vide order dated 23.02.2021 disposed of the first appeal. Aggrieved by the First Appellate Authority order, the complainant filed complaint dated Nil before the Commission which is under consideration.
3. The complainant has filed the instant complaint dated Nil inter alia on the grounds that reply given by the CPIO was not satisfactory. The complainant requested the Commission to take necessary action as per Section 20 (1) of the RTI Act.
4. The CPIO replied vide letter dated 28.01.2021 and the same is reproduced as under:-
Page 2 of 4(i) "Disclosure of information is exempted under Section 8 (1) (j) & 8 (1) (d) of RTI Act, 2005.
(ii) The question is not specific.
(iii) Disclosure of information is exempted under Section 8 (1) (j) & 8 (1) (d) of RTI
Act, 2005.
(iv) Disclosure of information is exempted under Section 8 (1) (j) & 8 (1) (d) of RTI
Act, 2005.
(v) Disclosure of information is exempted under Section 8 (1) (j) of RTI Act, 2005.
(vi) Disclosure of information is exempted under Section 8 (1) (d) of RTI Act,
2005."
The FAA vide order dated 23.02.2021 stated that the disclosure of information was exempted under provisions of Section 8 (1) (j) and 8 (1) (d) under RTI Act, 2005.
5. The complainant remained absent and on behalf of the respondent Shri Soumya Kanti Ray, Chief Manager, Punjab National Bank, Purba Midnapore, attended the hearing through video conference.
5.1. The respondent while defending their case inter alia submitted that the complainant had sought details of transfers allowed in pursuance to inter-Circle transfer requests. They further submitted that as on the date of the RTI application, the process of consideration of the transfer requests were pending, therefore, the detailed information could not be disclosed. However, the transfers were carried out subsequently including the complainant's transfer. Moreover, the list of transfers had been published in their portal and was accessible to all the employees. Therefore, the issue of the complainant stood resolved and the appellant had communicated to them that he did not have any other grievance.
6. The Commission after adverting to the facts and circumstances of the case, hearing the respondent, and perusal of records, observed that the respondent had replied on 28.01.2021 and had denied the information on the ground that the process of transfers Inter-Circle was pending. However, the list of transfers along with allotted stations of the Page 3 of 4 employees who requested for transfers had been published on their internal portal which was also accessible by the employees. That being so, and in the absence of the complainant, there appears to be no mala fide on the part of the CPIO. Further, no merit if found in the complaint. Accordingly, the complaint is rejected.
Copy of the decision be provided free of cost to the parties.
Sd/-
(Suresh Chandra) (सुसुरेश चं ा) ा Information Commissioner (सूसूचना आयु ) दनांक/Date: 19.12.2022 Authenticated true copy R. Sitarama Murthy (आर. सीताराम मूत ) Dy. Registrar (उप पंजीयक) 011-26181927(०११-२६१८१९२७) Addresses of the parties:
The CPIO Punjab National Bank, Circle Office Purba Medinipur Co, At-Padumbasan, Po-Tamluk, Dist- Purba Medinipur-721636 First Appellate Authority, Punjab National Bank, Circle Office Purba Medinipur Co, At-Padumbasan, Po-Tamluk, Dist- Purba Medinipur-721636 Shri Amit Roy, Page 4 of 4