K H Zhimo vs Dena Bank on 4 April, 2019

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Central Information Commission

K H Zhimo vs Dena Bank on 4 April, 2019

1. The issues under consideration arising out of second appeal dated 14.09.2017 include non-receipt of the following information raised by the appellant through his RTI application dated 06.03.2017 and first appeal dated 18.05.2017:

(i) Detail Rule position of Dena Bank Officers for sanction of Sick Leave with hard copiesofruleposition.

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(ii) Detail Rule position of a Dena Bank Officers with regards to marking Sick Leave as Loss of Pay (LOP)

(iii) Hard copies of records of our ZO claim of intimating me about my relieving from Shillong Branch on 01.09.2016

(iv) Is it mandatory to get the Sick Leave approved for an ailing Bank employee before going for a treatment? If yes kindly provide the hard copies of rule position of our Bank in this regard

(v) Can a leave be marked as unauthorized when one go on leave on health ground and thereafter produce the medical certificate, medical bills etc. as per the rule? If yes, kindly provide the hard copies of rule position of our Bank.

(vi) Does the rule permit to take action such as marking the leave/absent as LOP without giving opportunity to explain? If yes, kindly provide the hard copies of rule position of our Bank

(vii) Does the rule permit to take action such as marking the leave/absent as LOP before issue of explanation letter and before issue of IOL If yes, kindly provide the hard copies of rule position of our Bank

(viii) What is the minimum time period permitted for explanation as per the rule position before initiating action under such cases as this? And also please provide the hard copies of rule position.

(ix) What are the grounds of rejection of medical certificate as per the rule of Sick Leave of our Bank? Kindly provides the hard copies of existing policy/rule of our Bank.

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(x) Under what circumstance our ZO made the Shillong Branch to send my relieving mail to ZO on 01.09.2016 in spite of knowing the fact that I was on leave on health ground on that day.

(xi) Detail of record of actions taken on my mail to Kolkata ZO dated 09.09.2016 with regards to my intimation about my leave on ground of ailment.

(xii) Why our ZO was in such a hurry to relive me from Shillong Branch on the first hour of the first day of my leave on health ground and while all the possession of duplicate keys of the branch, securities items, loan documents and securities etc. of the branch were still in my possession?

Do the rules and policies of our Bank Permit it if yes, please provide the hard copies of the rule position.

(xiii) Is it right to mark the sick leave as LOP when the office of the competent authority to sanction such leave was intimated about the ailment of the employee before going on leave or during the leave period?

(xiv) ZO has claimed that I was relieved from Shillong Branch, than why did our Kolkata ZO sent me a letter on 20.09.20.16 duly signed by Zonal Manager addressing me as Branch Manager of Shillong Branch?

(xv) Can the officer of Dena Bank be considered relieved from his present Branch & Zone without officially intimating him about his relieving? If yes, please provide the hard copies of rule position.

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(xvi) Can the officer of Dena Bank apply for a sick leave from the Zone/Branch for which he has not received any official intimation to join? if yes, please provide the hard copies of rule position of our Bank. (xvii) Is it appropriate to relieve an officer from the Branch on the first hour of the first day of his leave on health ground in spite of knowing the fact that the officer is sick.

(xviii) Number of Branch Managers under Kolkata Zone and officers working in Kolkata Zonal Office went on Sick Leave from 01.06.2015 to 31.08.2016? And out of which how many officers have got their leave approved before going on Sick Leave, kindly provide hard copies of such approved leave if any.

(xix) Number of Branch Managers under Kolkata Zone and officers working in Kolkata Zonal Office went on Sick Leave from 01.06.2015 to 31.08.2016 and produced Medical Certificates? Out of which how many Sick Leaves has been marked as Loss of Pay in spite of producing medical certificate? If LOP was marked on Sick Leave of any officer/s even after production of Medical Certificates, out of which how many officers Sick leave was marked as LOP without giving them opportunity to explain?

(xx) Please provide the hard copies of action taken by our Kolkata Zonal office on my Privilege Leave application applied in HRM system on 04.08.2016 for the reason that my wife was expecting baby in September 2016, which was also applied manually on 04.08.2016;

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reminder mails were also sent to Dy. Zonal Manager and marked to Zonal Manager and personnel department.

(xxi) Please furnish the reason of not approving my Privilege Leave application dated 04.08.2016 and also furnish me the reason of not updating me anything on this said PL application

2. Succinctly facts of the case are that the appellant filed an application dated 06.03.2017 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Dena bank, Kolkata, seeking the aforesaid information. The CPIO replied on 31.03.2017. Dissatisfied, the appellant filed first appeal dated 18.05.2017. The First Appellate Authority disposed of the first appeal vide order dated 21.06.2017. Aggrieved by this, the appellant has filed a second appeal dated 11.09.2017 before this Commission which is under consideration.

3. The appellant has filed the instant appeal dated 11.09.2017 inter alia on the grounds that the authority has caused him loss of pay, denied him promotion.

4. The CPIO replied on 31.03.2017 and provided copies of all regulations and letters sought by the appellant. The FAA upheld the decision of the CPIO.

5.1. The appellant remained absent. The respondent was represented by Dr. Suresh Chidambaram, Deputy General Manager & CPIO, Dena Bank through Video Conferencing.

5.2. The respondent submitted that CPIO as well as the Appellate Authority have given point-wise reply/information to the appellant. It appears that in most of his points he has been seeking reasons especially for non-acceptance of a medical certificate produced by him after returning from medical leave. The respondent Page 5 of 6 have submitted that subsequently a departmental inquiry was also held for his unauthorized absence. Now the matter has already been settled and perhaps due to that reason the appellant might have absented himself.

6. The Commission after adverting to the facts and circumstances of the case, hearing the respondent and perusal of records, feels that most of the points have been replied to by the respondent and queries/clarifications/reasoning, sought in the RTI application might have not been provided to the appellant under the provisions of RTI Act. Accordingly, this appeal is dismissed.

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

Sd/-

(Suresh Chandra) (सुरेश चं ा) Information Commissioner (सूचना आयु ) दनांक/ Date: 03.04.2019 Page 6 of 6

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