Choith Ram Goklani vs Rural / Gramin Banks on 14 February, 2023

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Central Information Commission

Choith Ram Goklani vs Rural / Gramin Banks on 14 February, 2023

1. The issue under consideration arising out of the second appeal dated 16.04.2021 include non-receipt of the following information sought by the appellant through the RTI application dated 02.02.2021 and first appeal dated 04.03.2021:-

"i. Provide each such document / circular from the official records of Baroda U.P. Bank Head Office Gorakhpur by which complete list of all the declared PRIVILAGE DOCUMENTS of the Bank was circulated among all the offices and branches of the Bank.

ii. Provide the designation and name of the Authority / Official of the Baroda U.P. Bank Head Office Gorakhpur who is officially authorized by the Bank to Page 1 of 4 declare any official document of the Bank as a PRIVILAGE DOCUMENT for the purpose of any departmental Enquiry.

iii. Provide the designation and name of the Authority / Official of the Baroda U.P. Bank Head Office Gorakhpur who at present is having the official possession of all the complete list of PRIVILAGE DOCUMENTS declared by the Bank and on request can provide authentic copy of the list of PRIVILAGE DOCUMENTS to the Charge Sheeted Officer.

iv. Provide the duly attested copy of the official process / specific application form of the Bank by which any Charge Sheeted Officer can apply before any Regional Manager of the Bank to obtain dully attested copy of the list of all the PRIVILAGE DOCUMENTS of the Bank.

v. If any of the information as requested on the point number ( 1 ) ( 2 ) ( 3 ) ( 4 ) of this RTI application, does not exist on the official records of the Head Office of the Bank, provide this information officially."

2. Succinctly facts of the case are that the appellant filed an application dated 02.02.2021 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 03.03.2021 replied to the appellant. Aggrieved by the same, the appellant filed first appeal dated 04.03.2021. The First Appellate Authority (FAA) vide order dated 03.04.2021 disposed of the first appeal. Aggrieved by that, the appellant filed second appeal dated 16.04.2021 before the Commission which is under consideration.

3. The appellant has filed the instant appeal dated 16.04.2021 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 03.03.2021 and the same is reproduced as under :-

"( i to v ) The term "PRIVILEGE DOCUMENTS' is not clear. As such, we are not able to provide you any information in this context."

The FAA vide order dated 03.04.2021 agreed with the reply given by the CPIO

5. The appellant and on behalf of the respondent Shri D. S. Pandey, Chief Manager & CPIO, Baroda U.P. Bank, Gorakhpur attended the hearing through video conference.

5.1. The appellant inter alia submitted that the appellant had not provided the requisite information till date of hearing.

5.2. The respondent while defending their case inter alia submitted that the appellant had been filing repetitive RTI applications seeking similar information which had already been provided to him from time to time. Besides, he had not specified the 'privilege documents' as mentioned in the RTI application.

6. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of records, observed that due reply was given by the CPIO on 03.03.2021. Under the garb of RTI he was seeking reasons and queries which were hypothetical and indefinite, which was not covered within the definition of "information" under section 2(f) of the RTI Act. Therefore, the Commission does not see any reason to intervene in 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: 13.02.2023




                                                                                   Page 3 of 4
 Authenticated true copy

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

Addresses of the parties:
THE CPIO :
Baroda UP Bank
Buddh Vihar
Commercial Scheme,
New Shivpuri Colony,
Taramandal,Gorakhpur-273016

THE FIRST APPELLATE AUTHORITY
Baroda UP Bank
Buddh Vihar
Commercial Scheme,
New Shivpuri Colony,
Taramandal,Gorakhpur-273016

SH. CHOITH RAM GOKLANI




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