Central Information Commission
Mr.Anant Baburao Shelar vs Indian Bank on 11 November, 2011
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2011/002117/15548
Appeal No. CIC/SG/A/2011/002117
Relevant facts emerging from the Appeal:
Appellant : Mr. Anant Baburao Shelar
S.No 89, Kalas Alandi Road
Near MGM School,
Pune-411015
Respondent : Mr. G. Manoharan
PIO & DGM , Indian Bank, O/o The Dy. General Manager 66 Rajaji Salai, Chennai - 600001.
RTI application filed on : 28-01-2011 PIO replied on : 26-03-2011 First Appeal filed on : 20-04-2011 First Appellate Authority order of : 13-05-2011 Second Appeal received on : 05-07-2011 Sl. Information sought Reply of PIO 1. KRA OF CO-Chief Manager, Credit
2. KRA OF CO-Asst. General Manager (2nd in Command)
3. KRA OF Agricultural Business Development Manager posted CO/Pune2005-07
4. Copy of the letter dt. 12/4/2008 written by CO/Pune to HO:
Vigilance / Chief Vigilance Officer (as mentioned in the above speaking order)
5. Copy of the letter dt 19/8/2008 received from HO: Vigilance to CO Pune as mentioned in the speaking order.
6. Copy of the officer letter CO/Pune/Vig 028/2007-08 dt 28/1/2008 written by CO/Pune to RDO Sangli Mr A K Mishra.
7. Copy of the letter dt 4/2/2008 (Reply to Explanation letter of CO/Pune dt.
28/1/2008) received from RDO of Sangli Mr A K Mishra.
8. Details of TA Bill of Mr A K Mishra, RDO, Manager (Agri) Sangli branch for his visit to Satara branch during Jan 2007 to 2008 along with Visit Report.
9. Parag Milk & Milk Pructs -- DRT Suit Filed Plainttopy.
10. Copy of the letter / recommendation sent from CO/Pune for obtaining 2nd stage advice from HO/Vigilance, Chief Vigilance Officer, in respect of A B Shelar.
11. Copy of the letter received from HO/Vigilance/ Chief Vigilance Officer reg 2nd stage advice in respect of Mr A B Shelar
12. Copy of the fixing Staff Accountability in respect of A/c M/s
- Parag Milk & Milk Products.
13. Copy of the Circle Office Recommendation letter to HO. CVO for 1st Stage advice in respect of A/c Parag Milk & Milk Products
14. Copy of the letter of HO/CVO of 1' stage advice to CO. Pune in respect of A/c Page 1 of 3 Parag Milk & Milk Products
15. Copy of letter of Circle Office Recommendation to HO/CVO for 2nd stage advice in respect of A/c Parag Milk & Milk Products
16. Copy of the letter of HO/CVO of 2nd stage advice to CO/Pune in respect of A/c Parag Milk & Milk Products
17. Copy of the letter from CO/Pune to HO/CVO reg. 2nd stage re advice
18. Copy of the letter of HO/CVO.of 2 stage re-advice to CO/Pune in respect of Parag Milk & Milk Products
19. Minutes of the Meeting held by Circle Head with Borrower Parag Milk & Milk Products BM of Satara Branch & other executives at Circle Office on 9/6/2007.
20. Minutes of CIAC Meeting held on 22/5/2007 in respect of Parag Milk & Milk Products and Action Taken report of the same
21. Copy of the Charge Sheet issued to ABM of Satara Branch Mr B D Bhosale in respect of A/c Parag Milk & Milk Products
22. Copy of the Circle Office, Process Note prepared for A/c M/s Parag Milk & Milk Products dt. 1/12/2006 signed by Desk Office and Chief Officer on 11/1/2007
23. Reason Behind not making party, Bank Advocate Mr Dhananj Kshirsagar who has given legal opinion in the A/c MIs Parag Milk
- .& Milk Products.. to the FIR lodged at Satara Police Station.
24. Copy of the inward/ outward Register of Satara Branch and Circle Office, Pune, 24) (b) Copy of application for the date on which the following correspondence took place. date 11-11-2006 in two
a) letter dt. 7/7/2006 from Satara branch requesting CO Pune to depute RDO pages Pune to guide preparing o proposal of MIs Parag Milk & Milk Products and RDOs TA Bill for the same and report
b) Certified copies of the application for advance (fresh proposal - 1 page,) DT 11/112006 25 Copy of the letter instructing Mr Kishore Thakur A.M. of Pune City branch to conduct pre-release audit for the a/c MIs Parag Milk & Milk Products 26 Copies of Consumer Court at Satara decision in Complaint No.96/2010 and Copy of decisions given by 120/2010 A/c Vikram Enterprises the Consumer Court at Satara in relation to complaints No. 96/2010 and 120/2010 A/c \fikram Enterpriese -- in 14 pages.
27 Business Performance Appraisal of A BSH.ELAR. for. The year 2006-07 and 2007-08 28 Minutes of Meeting of Tractor Dealers' Association held at Hotel Deccan Park during the tenure of Mr S V Naik, the then Circle Head period. 29 Any Inspection Reporf.where.in it is mentioned I pointed out by the Inspector regarding the income leakage in case of Cash / Funds management during the period mentioned in the charge sheet.
30. Details of T.A.Bills of Mr. N.J.Kawale RDO (Manager Agri). ..:.-C.O.Pune.
along with his visit report A/c.M/s.Parag Milk and Milk Products of Satara Branch during the period from 01/01/2006 to 31.12.2008
31. Copy of Charge Sheet issued to Mr. N.J.Kawale Manager Agri. CO/Pune in respect of account MIs Parag Milk &Milk Products at Satara.
32. It appears that for want of credit exposure under agriculture the proposals proposed by M/s.S.S.Pailwan & co. of Sanglij who are well known to Sanctioning Authority at Circle Office Pune) received through branches to circle office and after processing the same ,sanctions were communicated to Sangli and Satara Branches.( the quantum of the such sanctions .goes crores of rupees -
Page 2 of 3together.)and M/s.Parag Milk and Milk Products is one among these. In this case any letter has been issued to the sanctioning authority ,if so, please give the details
33. Copy of the letters instructing Mr. Mahendran, Branch Manager Kalyani Nagar branch and .Mr.N. R. Deshpande Branch Manager Pune city branch for conducting the investigation at Satara Branch in this matter.
The PIO did not give information on the other matter since it contains information relating to other staff members/internal matters.
Grounds for the First Appeal:
The PIO did not give complete and true information and PIO did not provide information.
Order of the First Appellate Authority (FAA):
PIO had furnished the admissible information in 45 pages.
Ground of the Second Appeal:
PIO had not given complete and true information.
Relevant Facts emerging during Hearing:
The following were present:
Appellant: Mr. Anant Baburao Shelar on video conference from NIC-Pune Studio; Respondent: Mr. Satyanarayan Murty, Sr. Manager and Mr. T. Chandershekharan, AGM on behalf of Mr. G. Manoharan, PIO & DGM on video conference from NIC-Chennai Studio; The PIO and FAA had refused to give certain information without giving any justification of any provision of Section 8(1) of the RTI Act. Right to Information is fundamental right of citizens and the denial of information can only be as per the provisions of the Act as mentioned in Section-3. Arbitrary denial of information cannot be allowed an after six years of RTI Act it is expected that PIOs will follow the discipline of mentioning the sub-section of Section 8(1) under which the information is denied. It is also necessary that some justification is given to show how exemption applies to particular information that has been sought. Since the PIO and the FAA have not given any justification under the RTI Act for denial of information the Commission allows the Appeal. The Commission would also like to note that Section 11 of the RTI Act does not provide exemption but only gives procedure to be followed if information relates to third party. Denial of information can only be based on under Section 8(1) of the RTI Act.
Decision:
The Appeal is allowed.
The PIO is directed to provide the complete information as per available records to the Appellant before 05 December 2011.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties. Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi Information Commissioner 11 November 2011 (In any correspondence on this decision, mention the complete decision number.) (KH) Page 3 of 3