Sham Sunder vs Punjab National Bank on 28 December, 2022

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Central Information Commission

Sham Sunder vs Punjab National Bank on 28 December, 2022

1. The issue under consideration arising out of the second appeal dated 04.12.2021 include non-receipt of the following information sought by the appellant through the RTI application dated 02.08.2021 and first appeal dated 22.10.2021:-

(i) Provide the complete record of issues responded by bank in respect of PTS vide letter dated 20/11/2007 (attached) and final action taken by ZO Ludhiana.

(ii) In letter number CO:RTI dated 04/05/2010 of circle office Bhatinda it was mentioned that case of PTS, working in stop gap arrangement, for appointment in respect of BTW Firozepur under thikana system was returned by CO Bhatinda with advise to submit certificate from MC Firozepur as to whether Thikana System was prevalent in the city. Provide the copy of the guidelines Page 1 of 4 depicting there in that for seeking appointment certificate from MC Firozepur, as to whether Thikana System was prevalent in the city, is mandatory. Provide copy of the guidelines on the basis of which PTS was allowed to work in stopgap arrangement.

(iii) In letter number CO:RTI dated 04/05/2010 of circle office Bhatinda it was mentioned that vacancy at RSD College Firozepur extension counter was arisen and PTS on the consolidated wages was engaged and the said sweeper was not in permanent employment. Provide the copy of guidelines under which PTS was appointed on temporary basis on consolidated wages. The said PTS joined the bank service w.e.f. 01/05/2010 (on the basis of recruitment made through advertisement of vacancy. Provide the complete record of recruitment process in which PTS was appointed along with the bank policy of recruitment.

As on the date of your letter dated04/05/2010 you have mentioned PTS as not permanent employee where PTS was permanent w.e.f. 01/05/2010. Provide action taken for providing wrong information under RTI act.

2. Succinctly facts of the case are that the appellant filed an application dated 02.08.2021 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Punjab National Bank, Bhatinda, seeking aforesaid information. The CPIO vide letter dated 19.10.2021 replied to the appellant. Aggrieved by the same, the appellant filed first appeal dated 22.10.2021. The First Appellate Authority (FAA) did not pass any order. Aggrieved by that, the appellant filed second appeal dated 04.12.2021 before the Commission which is under consideration.

3. The appellant has filed the instant appeal dated 04.12.2021 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.

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4. The CPIO replied vide letter dated 19.10.2021 and the same is reproduced as under:-

"i) All the related records of HRD Section have been shifted to CO Fazilka.

Applicant to take up with CO Fazilka.

ii) All the related records of HRD Section have been shifted to CO Fazilka.

Applicant to take up with CO Fazilka.

iii) All the related records of HRD Section have been shifted to CO Fazilka.

Applicant to take up with CO Fazilka."

5. The appellant remained absent and on behalf of the respondent Shri Sunil Dutt, CPIO, Punjab National Bank, Bathinda, attended the hearing through video conference.

5.1. The respondent while defending their case inter alia submitted that the information pertained to Fazilka Circle. Therefore, they were not the custodian of the information and could not furnish the same to the appellant.

6. The Commission after adverting to the facts and circumstances of the case, hearing the respondent and perusal of records, observed that the respondent replied vide letter dated 19.10.2021. Perusal of RTI application further revealed that RTI application was poorly drafted and the same was non-specific. It may not be out of place to mention that appellant seeking copy of record depicting therein that the issues raised in grievance were examined as per bank systems and procedures and that action was taken on deviation, was not information as defined under Section 2 (f) of the RTI Act. Under the garb of RTI application the appellant could not seek justification of the administrative action on his complaints, grievances. However, the respondent had replied vide their dated order dated 19.10.2021 that all records have been transferred to other circles. However, they had not transferred the RTI application within five days from date of receipt of the same. That being so, they were under an obligation to procure the information and provide the same to the appellant. In view of the above, the respondent is directed that the RTI application be re-visited and appropriate point-wise reply may be Page 3 of 4 given to the appellant within three weeks from the date of receipt of this order. With these observations and directions, the appeal is disposed of.

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

Sd/-

(Suresh Chandra) (सुसुरेशचं ा) ा सूचनाआयु ) Information Commissioner (सू दनांक/Date: 27.12.2022 Authenticated true copy R. Sitarama Murthy (आर. सीताराममूत ) Dy. Registrar (उपपंजीयक) 011-26181927(०११-२६१८१९२७) Addresses of the parties:

The CPIO Punjab National Bank, Circle Office SCO 29-31, PNB 1st Floor, Model Town, Phase-1, Bathinda 151001 First Appellate Authority Punjab National Bank, Circle Office SCO 29-31, PNB 1st Floor, Model Town, Phase-1, Bathinda 151001 Shri Sham Sunder Page 4 of 4

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