Bipinchandra Shivlal Mehta vs Union Bank Of India on 14 February, 2019

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Central Information Commission

Bipinchandra Shivlal Mehta vs Union Bank Of India on 14 February, 2019

1. The issues under consideration arising out of second appeal dated 09.08.2017 include non-receipt of the following information raised by the appellant through his RTI application dated 31.05.2017 and first appeal dated 30.06.2017:

(i) Quantified basis/justification(performance)/full details for payment of performance linked cash incentive (under prescribed categories/campaigns) to the selected branches/offices/department/staff Page 1 of 4 members under M.M. Zone during the financial years 2009-10,2010-11, 2011-12, 2012-13, 2013-14, 2014-15, 2015-16 and 2016-17.

(ii) Basis on which cash incentive was paid to Mr. Sunil Kogaonkar and Mr. Goplani while working in R.O. (N),

(iii) Performance of branches selected for payment of incentive to branches under M.M. Zone as per Retail Campaign during the year 2013-14 and performance of Sanpada branch for the same period,

(iv) Reasons why Sanpada branch was not selected for payment of any cash incentive.

2. Succinctly facts of the case are that the appellant filed an application dated 31.05.2017 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Union Bank of India, Mulund (West), Mumbai. The CPIO replied on 01.07.2017. Dissatisfied with the response of the CPIO, the appellant has filed a first appeal on 30.06.2017. The First Appellate Authority did not pass any order. Aggrieved by this, the appellant has filed the second appeal dated 09.08.2017 before this Commission which is under consideration.

3. The appellant has filed the instant appeal dated 09.08.2017 inter alia on the grounds that no information was provided by the CPIO.

4. The CPIO replied to the appellant on 01.07.2017 and stated that that no record as sought by the appellant is maintained at their office. The collection and supply of the record as requested by the appellant is not possible as it would disproportionately divert the resources of the bank, as provided under sub-section 9 of the section 7 of the RTI Act.

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5. The appellant and Mr. Ansu Alok, Chief Manager, Mr. Kishore More, Sr. Manager Law and Mr. Rupesh Kumar Dubey, Manager, Union Bank of India, on behalf of the respondent attended the hearing through video conferencing.

5.1. The appellant submitted that the CPIO has replied point wise to the RTI application vide letter dated 01.07.2017, but it does not contain any information. He alleged that the respondent has denied the information on point nos. (i) and (iii) on the pretext on Section 7 (9) of the RTI Act. He also stated that he did not receive any information on point no. (ii) [ 5.2. The respondent submitted that information sought on point no. (i) is exempted under Section 8 of the RTI Act. Moreover the information sought in this point is not maintained by the respondent and collection of such information would disproportionately divert the resources of the bank as stipulated under sub-section (9) of the section 7 of the RTI Act. The respondent also submitted that information sought on point nos. (ii) to (iv) is personal information of third party and disclosure of which has no relationship to any public activity or interest, hence the same is denied under subsection (1) (j) of section 8 of the RTI Act. They also added that no larger public interest is involved in this matter.

6. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of records, directs the respondent to provide general information i.e. guidelines/rules/regulations with regard to payment of cash incentive to the branches/offices/department/staff members and also upload the same on their website, within 15 days from the date of receipt of this order. As Page 3 of 4 regards personal information of the third party, the Commission upholds the findings of the CPIO. Accordingly the appeal is disposed of.

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

Sd/-

(Suresh Chandra) Information Commissioner Date: 13.02.2019 Page 4 of 4

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