Central Information Commission
Satish Kapoor vs Punjab National Bank on 13 August, 2021
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
ि तीय अपील सं या / Second Appeal No. CIC/PNBNK/A/2017/182418
Satish Kapoor ... अपीलकता/Appellant
VERSUS
बनाम
CPIO: Punjab National
Bank, Circle Office,
Bathinda. ... ितवादीगण/Respondents
Relevant dates emerging from the appeal:
RTI : 19.08.2017 FA : 16.10.2017 SA: 18.11.2017 CNC : 10.09.2019
CPIO : 19.09.2017 FAO : 27.10.2017 Order :12.07.2019 Hearing : 30.06.2021
CORAM:
Hon'ble Commissioner
SHRI SURESH CHANDRA
ORDER
(11.08.2021)
1. The issue under consideration is the complaint of non-compliance of CIC's order dated 12.07.2019 in this matter.
2. Succinctly facts of the case are that the appellant filed an application dated 19.08.2017 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Punjab National Bank, Circle Office, Bathinda seeking information on three points regarding name of the officer who recommended the name of the appellant for inclusion in LODI (List of Doubtful Integrity) List, documents on the basis of which the name was recommended and complete record of the issue including office note, exchange of correspondence with the HO who was to decide finally for inclusion in the LODI list, final outcome of the issue. The CPIO replied on 19.09.2017. Dissatisfied with the response of the Page 1 of 5 CPIO, the appellant filed first appeal dated 16.10.2017. The First Appellate Authority disposed of the first appeal vide order dated 27.10.2017. Aggrieved by this, the appellant filed a second appeal dated 18.11.2017 before this Commission which was heard and decided by this Commission on 12.07.2019 and inter alia the following directions were passed:
"6. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of records, feels that the information asked by the appellant in point nos. (b) & (c) overlaps and in the interest of justice the respondent is directed that the relevant material/document relied upon by the authorities while taking the administrative action with respect to the appellant may be provided to him within 2 weeks from the date of receipt of this order. With these observations and directions the appeal is disposed of."
3. The appellant vide letter dated 10.09.2019 filed complaint for non-compliance of the order of the Commission dated 12.07.2019.
4. In compliance of the order of the Commission, the CPIO vide letter dated 19.08.2019 provided copy of office memorandum of Government of India, Ministry or Home Affairs containing nomenclature and criteria for entry in the list of Public Servants of gazette status of doubtful integrity.
Hearing on 12.03.2021 4.1. The appellant attended the hearing through video conference and the respondent remained absent.
Interim order dated 19.03.2021 4.2. The Commission has passed the following observations and directions on 19.03.2021:
"6. The Commission after adverting to the facts and circumstances of the case, hearing the appellant and perusal of records, observes that the respondent reply given by the respondent vide letter dated 19.08.2019 was incomplete. Further, the respondent remained absent despite written notice being served upon them. In view of their absence, the reasons for furnishing incomplete information could not be ascertained. In view of the above, Shri Sudesh Mittal, CPIO, and Shri Sunil Dutt, the Page 2 of 5 then CPIO are show caused as to why penalty as per section 20 (1) of the RTI Act may not be imposed upon each of them for not furnishing the information and not attending the hearing despite notice. Shri Sudesh Mittal is given the responsibility to serve a copy of the order upon CPIOs and secure their written explanations before the next date of hearing. All written submissions must be uploaded on the Commission's web portal within 21 days."
5. The appellant and on behalf of the respondent Shri Sunil Dutt, Chief Manager, Punjab National Bank, Bhatinda and Shri Subhash Ramawat, Chief Manager, Punjab National Bank, Fazilka attended the hearing through audio conference. 5.1. The appellant inter alia submitted that the respondent only provided copies of guidelines and office memorandums which were already available in public domain. However, the relevant documents based on which his name was recommended for inclusion in LODI List were not furnished till date despite order of the Commission. 5.2. The respondent while defending their case inter alia submitted that they had already provided the information vide letter dated 19.08.2019. They informed that the appellant was provided copy of office memorandum of Government of India, Ministry of Home Affairs, containing nomenclature and criteria for entry in the list of public servants of gazette status of doubtful integrity. It was further stated that there was some allegations of fraud against the appellant at that time hence his name was included in LODI List.
6. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of records, observed that reply given by the respondent was incomplete and evasive. The appellant sought specific information/documents on the basis of which his name was included in LODI List, name of the officials who recommended his name and related records. However, such specific information was not provided by the respondent despite directions of the Commission. Thus, the respondent had defied the order of the Commission. It is noted that several opportunities were given to the respondent despite that proper information was not provided till the date of hearing. That being so, there appears to be lapse on the part of the respondent not only in terms of the violation of provisions of the RTI Act but also in terms of compliance of the directions passed by the Commission. The failure to discharge of duties may not be pardoned only on grounds of oversight of an RTI application but the said error could be rectified after an opportunity Page 3 of 5 having been given by the Commission. Therefore, this appears to be a fit case for imposition of penalties upon both the CPIOs.
6.1. The Commission notes that the negligence of duty as designated CPIOs appears to be deliberate and mala fide is established on part of both Shri Sunil Dutt, the then CPIO and Shri Sudesh Mittal, CPIO on 12.07.2019. In view of the above, both are found liable as per section 20 (1) of RTI Act. In view of this, a penalty of Rs. 10,000/- (Rupees Ten Thousand only) may be imposed on Shri Sunil Dutt, the then CPIO and Rs. 5,000/- (Rupees Five Thousand only) on Shri Sudesh Mittal, CPIO on 12.07.2019. An amount of Rs. 10,000/- shall be deducted from the salary of Shri Sunil Dutt, the then CPIO, (in two equal installments) and Rs. 5,000/- shall be deducted from salary of Shri Sudesh Mittal, CPIO on 12.07.2019 (in one installment), by the Public Authority and paid by way of demand draft drawn in favour of "PAO, CAT", New Delhi, forward the demand drafts addressed to the Deputy Registrar (CR-II), email: [email protected] Room No. 106, First Floor, Central Information Commission, Baba Gangnath Marg, Munirka, New Delhi 110067. The first installment of penalty amount should reach to the Commission by 15.09.2021 and the final installment should reach the Commission by 15.10.2021. Further, the respondent is directed to revisit the RTI application and provide complete information as directed by the Commission vide order dated 12.07.2019 within three weeks from the date of receipt of this order. In case any part of information/documents was not available with them, they should file affidavit to the Commission regarding non-availability of the information and a copy of which is sent to the appellant, within 4 weeks. With the above observations and directions, the appeal is disposed of Copy of the decision be provided free of cost to the parties.
Sd/-
(Suresh Chandra) (सुरेश चं ा) Information Commissioner (सूचना आयु ) दनांक/Date: 11.08.2021 Authenticated true copy R. Sitarama Murthy (आर. सीताराम मूत ) Dy. Registrar (उप पंजीयक) 011-26181927(०११-२६१८१९२७) Page 4 of 5 Addresses of the parties:
CPIO:
PUNJAB NATIONAL BANK CIRCLE OFFICE, KIKERBAZAR, BATHINDA- 151001 THE FAA, PUNJAB NATIONAL BANK, CIRCLE OFFICE, KIKERBAZAR, BATHINDA- 151001 CPIO:
SHRI SUDESH MITTAL (C.P.I.O) PUNJAB NATIONAL BANK, CIRCLE OFFICE,KIKER BAZAR, BATHINDA151001 SHRI SUDESH MITTAL (C.P.I.O) PUNJAB NATIONAL BANK, CIRCLE OFFICE, KIKER BAZAR, BATHINDA151001 (FOR FORWARDING TO THE THEN C.P.I.O SH. SUNIL DUTT) SH. SATISH KAPOOR Page 5 of 5