Central Information Commission
Mra K Roy Choudhary vs Union Bank Of India on 5 June, 2015
Central Information Commission, New Delhi
File No. CIC/SH/A/2014/001013
Right to Information Act2005Under Section (19)
Date of hearing : 5th June 2015
Date of decision : 5th June 2015
Name of the Appellant : Shri A. K. Roychoudhary,
D658, Chittranajan Park, New
Delhi 110019
Name of the Public : Central Public Information Officer,
Authority/Respondent Union Bank of India,
Regional Office, 3rd Floor Saheed Bhagat Singh Place, Bangla Sahib Marg, Gole Market, New Delhi110001 The Appellant was present in person.
On behalf of the Respondents, Shri Anurag Saxena, Chief Manager (Law) was present in person.
Information Commissioner : Shri Sharat Sabharwal This matter pertains to an RTI application dated 26.7.2013 filed by the Appellant, seeking information on five points. Not satisfied with the response of the Respondents, he CIC/SH/A/2014/001013 filed second appeal dated 23.4.2014 to the CIC, which was received by the Commission on 5.5.2014.
2. The Respondents submitted that the queries of the RTI Application sought information regarding shifting of names of some members of one union to another without their consent. They further submitted that the Appellant, who is General Secretary of the Union Bank of India Employees Association, has recently discussed the matter with the management and it has been decided that it would be sorted out by 15.7.2015. The Appellant endorsed the above submission made by the Respondents.
3. While the issue, which formed the subject matter of the RTI application, appears to have been resolved, we note that the RTI application was filed by the Appellant on the letter head of the Union Bank of India Employees Association and in his capacity as General Secretary of the above Association. His appeal dated 2.12.2013 to the FAA and second appeal dated 23.4.2014 to the Commission were filed in a similar manner, in his capacity as General Secretary of the Association. The information sought also concerned a matter regarding the Union Bank of India Employees Association. From the above, it is clear that the Appellant sought the information as the General Secretary of the above Association. In this context, we note that paragraph 16 of the Guide on the Right to CIC/SH/A/2014/001013 Information Act, 2005, issued by the Department of Personnel & Training vide their O. M. No. 1/32/2013IR dated 28.11.2013 reads as follows: "16. The Act gives the right to information only to the citizens of India. It does not make provision for giving information to Corporations, Associations, Companies etc. which are legal entities/persons, but not citizens. However, if an application is made by an employee or officebearer of any Corporation, Association, Company, NGO etc. indicating his name and such employee/office bearer is a citizen of India, information may be supplied to him/her. In such cases, it would be presumed that a citizen has sought information at the address of the Corporation etc."
4. Since the name of the Appellant was mentioned on the RTI application, it could at best have been regarded as an application filed by him in his individual capacity. In that case, he would not be entitled to get information regarding the matters concerning Union Bank of India Employees Association. Moreover, notwithstanding the above guideline issued by the Department of Personnel & Training, the Right to Information Act is not intended as an instrument for trade unions to get information concerning their affairs through RTI applications filed by their office bearers.
5. In view of the foregoing, intervention by the Commission is not needed in this matter.
6. With the above observations, the appeal is disposed of.
CIC/SH/A/2014/001013
7. Copies of this order be given free of cost to the parties.
Sd/ (Sharat Sabharwal) Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges prescribed under the Act to the CPIO of this Commission.
(Vijay Bhalla) Deputy Registrar CIC/SH/A/2014/001013