Central Information Commission
Himanshu vs Punjab National Bank on 1 December, 2016
Central Information Commission
Room No.307, II Floor, B Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
website-cic.gov.in
Case No. CIC/MP/C/2016/900132
Case No. CIC/MP/C/2016/000152
Complainant : Shri Himanshu, Hisar.
Public Authority : Punjab National Bank, New Delhi.
Date of Hearing : 11th November, 2016.
Date of Decision : 28th November, 2016.
Present:
Complainant : Not present.
Respondent : Shri M.P. Chhapola, Chief Manager, Shri S.K.
Sharma, Chief Manager, Shri P.L. Raina, Sr.
Manager at CIC.
RTI application : 05.01.2016
CPIO's reply : 04.02.2016
First appeal : 29.02.2016
FAA's order : 04.04.2016
Complaint : 20.04.2016
ORDER
1. The complainant, Shri Himanshu, submitted RTI application before the Central Public Information Officer (CPIO), Punjab National Bank, MARD, New Delhi seeking information whether complaint dated 3.11.2014 of GGBOA to MOF received by PNB on 13.11.2014 when it was taken up for the first time; whether at the time of passing agenda dated 18.12.2014 in SHGB regarding fixing minimum qualifying marks in interview in promotion of all cadres was placed after complaint of GGBOA was taken up with SHGB in PNB; when was the agenda for fixing minimum qualifying marks in interview at the time of fresh recruitment was passed in SHGB; copy of SHGB letter dated 5.8.2015 to PNB and copy of tabular proforma enclosed with letter dated 17.7.2015 to Shri P.K. Jain in regard to CIC/MP/C/2016/900132 & CIC/MP/C/2016/000152 1 promotion of officer from Scale III to Scale IV in SHGB; the procedure of fixing on responsibility of erring official by taking disciplinary action whether reviewed and the final outcome; whether the DPC in SHGB completed its review within 30 days from August 2015 as assured to MOF; whether letter No., HO/HRD/15 dated 18.8.2015 of SHGB to GM, PSLB provide correct information about review DPC; copy of noting and order of the MD & CEO on letter dated 3.6.2015 of MOF to the MD & CEO, PNB dealt vide PNB letter dated 1.6.2015; name of official who instead of effecting promotion as per GOI instructions vide letter dated 12.5.2015 pursuing for submitting DPC findings to High court; CD of service regulations of officers of PNB and rules framed for deputation of officers of PNB etc. through eleven points.
2. The CPIO denied the information on points 1, 2, 4, 5 and 9 under the provisions of Section 8(1)(j) of the RTI Act, informed the complainant on points 3, 6, 7, 8 and 10 that the information sought did not fall within the definition of information as per Section 2(f) of the RTI Act. He requested the complainant to remit Rs. 50/- towards the cost of CD in response to point 11. Dissatisfied with the decision of the CPIO, the complainant approached the first appellate authority (FAA). The FAA vide order dated 04.04.2016 while upholding the decision of the CPIO, directed the CPIO to provide copy of the CD free of cost to the complainant.
3. Thereafter dissatisfied with the decision of the respondents, the complainant filed the instant two identical complaints before the Commission.
4 The matter was heard by the Commission. The complainant was not present in spite of a notice of hearing having been sent to him. The respondents stated that the complainant had sought information related to third party information. The complainant was neither an employee of the Sarva Haryana Gramin Bank (SHGB) nor a member of Gurgaon Gramin Bank Officers Association (GGBOA). He sought the information related to performance of the then Chairman of SHGB or the matters between union/MOF and sponsor bank.
CIC/MP/C/2016/900132 & CIC/MP/C/2016/000152 2 On point 1 and 2 the complaint was taken up with SHGB on 17.11.2014. Amendment in the promotion policy from scale III to IV was put up by SHGB to their Board. The amendment was done keeping in view the bank interest i.e. promotion from scale III to scale IV may be given to more competent officers in Scale III. On point 3 the agenda for fixing the minimum qualifying marks in the interview was proposed by Chairman of SHGB on 28.4.2014 for placing before the SHGB Board, which was put up in Board meeting held on 18.12.2014. On point 4 the information sought was related to third party relating to employee of the bank. As far as tabular format was concerned, it related to the performance of third party employee i.e. Shri P.K. Jain, the then Chairman of SHGB. So the information sought was denied u/s 8(1)(j) of the RTI Act. On point 5, the information sought was in the form of question/query/ third party information. However, in response to the MoF letter dated3.6.2015 to PNB MD & CEO, PNB advised SHGB to conduct review through DPC for promotion from scale III to Scale IV in line with the MoF letter; and information sought on point 9 was meant for internal purpose of the bank and it was a matter between the sponsor bank & MoF, hence could not be divulged the complainant. However, they offered to provide CD of PNB officers service regulations to the complainant.
5. The Commission observes that the CPIO had responded and provided disclosable information to the complainant within the stipulated period. No action is called for on the part of the Commission. These two complaints are closed.
(Manjula Prasher) Information Commissioner Authenticated true copy:
Deputy Registrar CIC/MP/C/2016/900132 & CIC/MP/C/2016/000152 3 Address of the parties:
Shri Himanshu, The Central Public Information Officer, S/O Shri Raj Kumar, Punjab National Bank, H. No. 2017, Sector-14, Management Audit & Review Division, Hisar (Haryana) Rajendra Bhawan, Rajendra Place, HO, New Delhi-110008 The GM/FAA, Punjab National Bank, Management Audit & Review Division, Rajendra Bhawan, Rajendra Place, HO, New Delhi-110008 CIC/MP/C/2016/900132 & CIC/MP/C/2016/000152 4