Choith Ram Goklani vs Rural / Gramin Banks on 28 August, 2023

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Central Information Commission

Choith Ram Goklani vs Rural / Gramin Banks on 28 August, 2023

1. The issue under consideration arising out of the second appeal dated 06.06.2022 include non-receipt of the following information sought by the appellant through the RTI application dated 12.03.2022 and first appeal dated 13.04.2022:-

(i) Provide duly attested copy of each such official document of the Baroda U. P. Bank HO on which in the matter of (11) complaint matters of C. R. Goklani (addressed to the Chairman and numbered as BUPGB/Complaint/2181, BUPGB/Complaint/2182, BUPGB/Complaint/2183, BUPGB/Complaint/2184, BUPGB/Complaint/2185, BUPGB/Complaint/2186, BUPGB/Complaint/2187, BUPGB/Complaint/2188, BUPGB/Complaint/2189, BUPGB/Complaint/2190, BUPGB/Complaint/2191, mailed to [email protected] on 12/9/2020) the decision was officially taken by the designated officials of the Bank (designated to deal with the complaint matters) that no action was required on the complaint Page 1 of 4 letters of C. R. Goklani. Provide the name and EC number of the designated officer who took such a decision on the behalf of the Bank / Chairman.

(ii) Provide duly attested copy of each and every (11) complaint matters of the complainant C. R. Goklani with the official receiving stamp of the Bank, and with all the noting officially marked in between 12/9/2020 and 20/1/2022 by the designated officials of the Bank on the referred complaint letters of C. R. Goklani.

(iii) If as per the written official reporting of the concerned record keeper of the Head Office of the Bank, information requested by the RTI applicant on the point number (i) and (ii) of the RTI application, does not exist on the official record of the Bank, provide duly attested copy of such reporting given by the record keeper.

2. Succinctly facts of the case are that the appellant filed an application dated 12.03.2022 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Baroda U.P. Bank, Gorakhpur, seeking aforesaid information. The CPIO vide letter dated 11.04.2022 replied to the appellant. Aggrieved by the same, the appellant filed first appeal dated 13.04.2022. The First Appellate Authority (FAA) vide order dated 02.05.2022 disposed of the first appeal. Aggrieved by that, the appellant filed second appeal dated 06.06.2022 before the Commission which is under consideration.

3. The appellant has filed the instant appeal dated 06.06.2022 inter alia on the grounds that reply given by the CPIO was not satisfactory. The appellant requested the Commission to direct the CPIO to provide the complete information and take necessary action as per Section 20 (1) of the RTI Act.

4. The CPIO replied vide letter dated 11.04.2022 and the same is reproduced as under:-

(i) "As per Section 6 (1) of the RTI Act, 2005, a person, who desires to obtain any information under this Act, shall specify the particulars of the information sought Page 2 of 4 by him or her. Non - specific queries or clarification or interpretation of rules is outside the purview of the Act. The CPIO is not supposed to create information or to interpret information. As you have not mentioned the details of desired documents i.e. letter no. with date, we are not able to provide you any information in this context.

(ii) The copies of the complaint regarding which information have been sought are not attached, as such we are not able to provide any information in this regard.

(iii) As per Point no. (i) & (ii) above."

The FAA vide order dated 02.05.2022 upheld the reply of the CPIO.

5. The appellant and on behalf of the respondent Shri Rajneesh Kumar Pandey, Chief Manager and Shri Vishwajeet Rai, Law Officer, Baroda UP Bank, Gorakhpur attended the hearing through video conference.

5.1. The appellant inter alia submitted that information sought was not provided by the respondent. He further submitted that he was charge sheeted for loss a document in a loan account without establishing that the relevant document was lost with the bank record.

5.2. The respondent while defending their case inter alia submitted that they had replied to the RTI application and the first appeal vide letters dated 11.04.2022 and 02.05.2022 respectively.

6. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of records, observed that point-wise reply was given by the respondent vide letter dated 11.04.2022. Moreover during the course of hearing, the appellant inter-alia submitted that his complaint was about the lost document and that the case was conducted and he was charge-sheeted without establishing that the relevant document was lost. It may not be the subject matter for the Commission to find fault in the Departmental Enquiry or disciplinary action. If the appellant was aggrieved by any of the orders of Disciplinary Authority he could have challenged the same before the appropriate forum. That being so, and the reply having been given to the appellant, there Page 3 of 4 appears to be no public interest in further prolonging the matter. Accordingly the appeal is dismissed.

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

Sd/-


                                                                             सुरेश चं ा)
                                                          (Suresh Chandra) (सु        ा
                                                                          सूचना आयु )
                                               Information Commissioner (सू
                                                                दनांक/Date: 29.08.2023
Authenticated true copy

R. Sitarama Murthy (आर. सीताराम मूत )
Dy. Registrar (उप पंजीयक)
011-26181927(०११-२६१८१९२७)

Addresses of the parties:
The CPIO
Baroda U.P.Bank
Buddh Vihar
Commercial Scheme,
New Shivpuri Colony,
Taramandal
Gorakhpur - 273016

The First Appellate Authority
Baroda U.P.Bank
Buddh Vihar
Commercial Scheme,
New Shivpuri Colony,
Taramandal
Gorakhpur - 273016

Shri Choith Ram Goklani,




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