Central Information Commission
Mrs.Jayalaxmi vs Syndicate Bank on 16 December, 2011
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2011/002731/16388
Appeal No. CIC/SG/A/2011/002731
Relevant Facts emerging from the Appeal
Appellant : Smt. Jayalakshmi
C/o All Banks Daily Deposit Collectors Assn.,
R.No. 9, 2nd Floor,
Corporation Bldg,
Broadway, Hubli 580 020
Respondent : Mr. C. Ramamohan Rao
Public Information Officer & Assistant General Manager Syndicate Bank Head Office Manipal- 576104 RTI application filed on : 20/06/2011 PIO replied : 23/06/2011 First appeal filed on : 22/07/2011 First Appellate Authority order : 02/09/2011 Second Appeal received on : 28/09/2011 Sl. Information Sought Reply of the Public Information Officer (PIO)
1. Copy of the The circulars/manuals of instructions are for the internal use of rules/circulars/manual authorized staff members of the Bank. Hence, the same could be instructions of the bank furnished to non-staff members/public. for the Guidelines for appointment/engagement of persons during appointment/engagement leave/vacancies/absence of regular sub staff in the branches:
of any persons during Based on the guidelines issued by the Govt. of India from time to time, leave vacancies/absence panes of eligible candidates have been drawn up and communicated to of regular sub staff/due the Regional Offices to entrust temporary duties to only such candidates to increase in work in the who are on the approved panel, in temporary vacancies/arising due to branches/offices located absence of Regular Attender/Sweeper on account of leave. However, in Karnataka State from specific prior permission from controlling office is required to engage 01/01/2008 to any one, including those on approved panel on temporary basis in 30/04/2011, including permanent vacancies.
instructions for the In terms of existing guidelines, the panels of candidates to be appointed payment of wages to on temporary basis are as follows:
them. 1. A District wise panels of those candidates who had worked on temporary basis for 240 days and more in a period of 12 consecutive months between 01/01/1982 and 31/12/1989 (Panel I) and those who had worked on temporary basis for less than 240 days but more than 90 days during the period from 01/01/1982 and 31/12/1989 (Panel II).
2. Panel of eligible candidates from Employment Exchange and Page 1 of 3 maintained district-wise for temporary entrustment of attender duties where no candidates were available as per Panel I and Panel II. Further, the salary and allowance is on the basis of the starting Baic Pay of substaff cadre viz: Basic Pay, DA, HRA and CCA if applicable.
2. Number of persons The tails are not available, since the matter is handled at various engaged by the Regional Offices. For providing the information, the Public Authority branches/offices located has to divert its resources disproportionately to search and tabulate the in Karnataka State from details if the same has to be furnished and hence the same is exempted 01/01/2008 to u/s 7(9) of the RTI Act. Therefore, the same information cannot be 30/04/2011. furnished.
Grounds for the First Appeal:
Incomplete and unsatisfactory information provided by the PIO. Certain information was rejected by the PIO.
Order of the First Appellate Authority (FAA):
As per the FAA, sufficient information has been provided by the PIO. The FAA also held that the exemption claimed by the PIO and reasons for not supplying certain information was justified.
Grounds for the Second Appeal:
Incomplete and unsatisfactory information provided by the PIO. Certain information was rejected by the PIO. Moreover, reasons quoted for not providing information are false.
Relevant Facts emerging during Hearing:
The following were present Appellant: Mr. M. Ramarao representing Smt. Jayalakshmi on video conference from Dharwad Studio; Respondent: Mr. C. Ramamohan Rao, Public Information Officer & Assistant General Manager on video conference from Udupi Studio;
The PIO has given part of the information with respect to query-1 but has refused to give some of the information claiming that it is meant for internal circulation. Denial of information made on a request under the RTI Act can only be justified based on the provisions of Section 8(1). Since no justification had been provided for denial the PIO is directed to give the balance information with respect to query-1.
The PIO also agrees that he will provide information regarding temporary employees sought in query-2 by the Appellant.
Decision:
The Appeal is allowed.
The PIO is directed to provide the information as directed above to the Appellant before 05 January 2012.
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 16 December 2011 (In any correspondence on this decision, mention the complete decision number.)(IN) Page 2 of 3 Page 3 of 3