Central Information Commission
Amit Yadav vs Reserve Bank Of India on 7 March, 2024
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग ,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीय अपील सं या / Second Appeal No. CIC/RBIND/A/2022/626682
Amit Yadav ... अपीलकता /Appellant
VERSUS
बनाम
CPIO: Reserve Bank of India
Mumbai ... ितवादीगण/Respondent
Relevant dates emerging from the appeal:
RTI : 03.03.2022 FA : 06.04.2022 SA : 09.05.2022
CPIO : 01.04.2022 &
FAO : 22.04.2022 Hearing : 04.03.2024
06.05.2024
Date of Decision: 06.03.2024
CORAM:
Hon'ble Commissioner
_ANANDI RAMALINGAM
ORDER
1. The Appellant filed an RTI application dated 03.03.2022 seeking information through 12 points in the following manner:
(i) "Latest calculation sheet for fixation/re-fixation of basic pay of Ex Serviceman as per his last pay drawn certificate on re-employment in Reserve Bank of India (RBI) as Security Guard.
(ii) Latest calculation sheet for fixation/re-fixation of basic pay of Ex Serviceman as per his last pay drawn certificate on re-employment in Reserve Bank of India (RBI) as Attendant.Page 1 of 5
(iii) Latest calculation sheet for fixation/re-fixation of basic pay of Ex Serviceman as per his last pay drawn certificate on re-employment in Reserve Bank of India (RBI) as Assistant.
(iv) Details of RBI salary elements like basic pay, Dearness Allowance, Perquisites, Grade Pay, Grade Allowance, Additional Special Pay, Special allowance, Hard area allowance or any other allowance or any other pay/allowance to be considered for fixation of basic pay of any Ex-serviceman re-employed in RBI while considering the rule for protection of his last pay drawn during Military Service.
(v) Details of salary elements like Basic Pay, Dearness Allowance, Composite/Kit maintenance allowance, Military Service Pay, Classification allowance, Good Conduct Badge, Rum Allowance or any other pay/allowance as drawn by Ex-
serviceman prior retirement or salary elements as per his last pay drawn certificate to be considered for fixation of basic pay of any Ex-serviceman re- employed in RBI while considering the rule for protection of his last pay drawn during Military Service." etc.
2. The CPIO replied vide letter dated 01.04.2022 and the same is reproduced as under:-
(i) "There is no such standard template for fixation/refixation sheet available. (Pay fixation is done as per Government/RBI instruction based on last pay drawn by the concerned ex-servicemen. Pay fixation is done at Regional Offices where ex-
servicemen are re-employed. Hence information sought is personal information and same is exempted u/s 8(1)(j) of RTI Act.)
(ii) Please refer to our response at query no (i).
(iii) Please refer to our response at query no (i).
(iv) Fixation of pay of Ex-Serviceman is done as per GOI guidelines. (attached
Annex I)
(v) Please refer to Circular dated January 25, 1988. (attached Annex II)" etc. Page 2 of 5
3. Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 06.04.2022. The FAA vide order dated 22.04.2022 directed the CPIO to examine the contentions in the First Appeal and provide the calculation sheets subject to severance of confidential/personal information under Section 10 of the RTI Act.
4. In compliance with the FAA's order, the CPIO provided a revised reply to the Appellant on 06.05.2022 enclosing information on Sr. No. 1,2,3,6,7,8 and 9 of the RTI Application.
5. Aggrieved with the non-receipt of the desired information, the Appellant approached the Commission with the instant Second Appeal dated 09.05.2022.
6. The Appellant remained absent during the hearing and on behalf of the Respondent, Prashant Ketkar, Manager (HR) & Rep. of CPIO along with Sonika Dhaka, Legal Officer attended the hearing through video conference.
7. The Respondent reiterated the replies provided to the Appellant that are already available on record and additionally emphasised on the supplementary information vide their written submissions on 28.02.2024, wherein the components of defence services and components considered for fixation in the bank has been also explained.
8. The Commission after adverting to the facts and circumstances of the case, and perusal of records, observes that the CPIO & FAA have facilitated the Appellant with adequate information and clarifications in keeping with the letter and spirit of the RTI Act. The Appellant's arguments in the Second Appeal appear to be insisting on being provided with such information which he deems is correct and applicable to his case, which is an untenable proposition and cannot be acceded to. In the facts of the instant case, the Complainant is advised about the powers of the Commission under the RTI Act by relying on certain precedents of the superior Courts as under:
The Hon'ble High Court of Delhi in the matter of Hansi Rawat and Anr. v. Punjab National Bank and Ors. (LPA No.785/2012) dated 11.01.2013 has held as under:Page 3 of 5
"6. ....proceedings under the RTI Act cannot be converted into proceedings for adjudication of disputes as to the correctness of the information furnished."(Emphasis Supplied) The aforesaid rationale finds resonance in another judgment of the Hon'ble Delhi High Court in the matter of Govt. of NCT of Delhi vs. Rajender Prasad (W.P.[C] 10676/2016) dated 30.11.2017 wherein it was held as under:
"6. The CIC has been constituted under Section 12 of the Act and the powers of CIC are delineated under the Act. The CIC being a statutory body has to act strictly within the confines of the Act and is neither required to nor has the jurisdiction to examine any other controversy or disputes."
9. Further, as for the insistence to be provided with redacted categories of information related to third party ex-servicemen, the attention of the Appellant is drawn towards a judgment of the Hon'ble Supreme Court in the matter of Central Public Information Officer, Supreme Court of India Vs. Subhash Chandra Agarwal in Civil Appeal No. 10044 of 2010 with Civil Appeal No. 10045 of 2010 and Civil Appeal No. 2683 of 2010 wherein the import of "personal information" envisaged under Section 8(1)(j) of RTI Act has been exemplified in the context of earlier ratios laid down by the same Court in the matter(s) of Canara Bank Vs. C.S. Shyam in Civil Appeal No.22 of 2009; Girish Ramchandra Deshpande vs. Central Information Commissioner & Ors., (2013) 1 SCC 212 and R.K. Jain vs. Union of India & Anr., (2013) 14 SCC 794. The following was thus held:
"59. Reading of the aforesaid judicial precedents, in our opinion, would indicate that personal records, including name, address, physical, mental and psychological status, marks obtained, grades and answer sheets, are all treated as personal information. Similarly, professional records, including qualification, performance, evaluation reports, ACRs, disciplinary proceedings, etc. are all personal information. Medical records, treatment, choice of medicine, list of hospitals and doctors visited, findings recorded, including that of the family members, information relating to assets, liabilities, income tax Page 4 of 5 returns, details of investments, lending and borrowing, etc. are personal information. Such personal information is entitled to protection from unwarranted invasion of privacy and conditional access is available when stipulation of larger public interest is satisfied. This list is indicative and not exhaustive..."
10. Having observed as above, no relief is warranted in the matter.
11. The Appeal is dismissed accordingly.
Copy of the decision be provided free of cost to the parties.
Sd/-
आनंदी राम लंगम)
(Anandi Ramalingam) (आनं म
सूचना आयु )
Information Commissioner (सू
दनांक/Date: 06.03.2024
Authenticated true copy
Col S S Chhikara (Retd) कन ल एस एस िछकारा ( रटायड )
Dy. Registrar (उप पंजीयक)
011-26180514
Addresses of the parties:
1. The CPIO
Reserve Bank of India,
Nodal CPIO, RTI Cell, (HRMD),
RIA Division, Central Office, 21st Floor,
Shahid Bhagat Singh Marg, Fort,
Mumbai-400001
2. Amit Yadav
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