Central Information Commission
Palani Kolandhai vs State Bank Of India on 13 January, 2025
के ीय सूचना आयोग
Central Information Commission
बाबा गं गनाथ माग,मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
ि तीय अपील सं ा / Second Appeal No. CIC/SBIND/A/2023/648464
Palani Kolandhai ... अपीलकता/Appellant
VERSUS
बनाम
CPIO: State Bank of India,
Chennai ... ितवादीगण/Respondents
Relevant dates emerging from the appeal:
RTI : 24.07.2023 FA : 12.09.2023 SA : 05.10.2023
CPIO : 12.09.2023 FAO : 29.09.2023 Hearing : 03.01.2025
Date of Decision: 13.01.2025
CORAM:
Hon'ble Commissioner
_ANANDI RAMALINGAM
ORDER
1. The Appellant filed an RTI application dated 24.07.2023 seeking information on the following points:
Employee No:3038572 Name: K. Palani.
I retired from the State Bank of India during April-2021. At the time, I worked in Veedur branch (7848) Villupuram under the control of RBO, Pondicherry, I was given un ethic and false report in my service sheet and annual appraisal report during the period 2007-2008.
In the light of the above mentioned background, please provide the following information under section 2(f) and 2(j) of the RTI act:Page 1 of 4
(i) A certified copy of my Service sheet/record and Annual Appraisal report with the controller remarks from SBI, LHO Chennai.
2. The CPIO replied vide letter dated 12.09.2023 and the same is reproduced as under :-
"Given that a considerable amount of time has passed since the Applicants retirement in the year 2021, to the year 2007-08, the timeframe for which the information is being sought, it is likely that the information is being sought with a vengeful motive to harass the Public Authority. Moreover, disclosure of such information has no relationship to any public activity or public interest. There is no larger public interest justifying disclosure of such information. The disclosure of such information would also endanger the life or personal safety of the then Reporting Authority/ Controller of the applicant. Therefore, the information as requested cannot be provided as it is exempted from disclosure under Section 8(1)(g) of the RTI Act.
Further, the Hon'ble Supreme Court in the matter of Central Board of Secondary Education & Anr. V. Aditya Bandopadhyay & Ors. (2011) 8 SCC 497 discussed the scope of information that may be sought under the RTI Act and observed as follows.
37. The right to information is a cherished right... Indiscriminate and impractical demands or directions under RTI Act for disclosure of all and sundry information (unrelated to transparency and accountability in the functioning of public authorities and eradication of corruption) would be counter-productive as it will adversely affect the efficiency of the administration and result in the executive getting bogged down with the nonproductive work of collecting and furnishing information. The Act should not be allowed to be misused or abused, to become a tool to obstruct the national development and integration, or to destroy the peace, tranquillity and harmony among its citizens. Nor should it be converted into a tool Page 2 of 4 of oppression or intimidation of honest officials striving to do their duty. The nation does not want a scenario where 75% of the staff of public authorities spends 75% of their time in collecting and furnishing information to applicants instead of discharging their regular duties. The threat of penalties under the RTI Act and the pressure of the authorities under the RTI Act should not lead to employees of a public authorities prioritising information furnishing, at the cost of their normal and regular duties."
3. Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 12.09.2023 alleging that the information provided was incomplete, false and misleading. The FAA vide order dated 29.09.2023 upheld the reply given by the CPIO.
4. Aggrieved with the FAA's order, the Appellant approached the Commission with the instant Second Appeal dated 05.10.2023.
5. The appellant and on behalf of the respondent Mr. M Sakthivelu M, AGM, attended the hearing through video conference.
6. The appellant inter alia submitted that he is not satisfied with the CPIO's reply. He further submitted that there is delay in providing a promotion to him. He requested the Commission to direct the respondent to furnish the information, as sought.
7. The respondent while defending their case inter alia submitted that in the instant RTI application, the appellant had sought his own service record pertaining to the year of 2007- 2008, which was denied by the CPIO u/s 8 (1) (g) of the RTI Act, as disclosure of such information would endanger the life or personal safety of the then Reporting Authority/Controller of the appellant. However, in compliance of the FAA's order dated 18.12.2023, while disposing another RTI application, the CPIO concerned, has provided complete service record to the appellant on 30.12.2023.
8. The Commission after adverting to the facts and circumstances of the case, hearing both parties and perusal of records, observes that in compliance of another FAA's order Page 3 of 4 dated 18.12.2023, the CPIO concerned, has provided complete service record to the appellant on 30.12.2023. But the Annual Appraisal report has not been provided yet to the appellant. Therefore, the Commission directs the respondent to furnish the Annual Appraisal report to the appellant, after redacting third party information in consonance with section 10 of the RTI Act, within 25 days from the date of the receipt of this order, under intimation to the Commission. With this observation and direction, the appeal is disposed of.
Copy of the decision be provided free of cost to the parties.
Sd/-
(Anandi Ramalingam) (आनंदी रामिलंगम) Information Commissioner (सूचना आयु ) िदनांक/Date: 13.01.2025 Authenticated true copy Bijendra Kumar (िबज कुमार) Dy. Registrar (उप पंजीयक) 011-26180514 Addresses of the parties:
1. The CPIO State Bank of India, CPIO, Premises & Estate Department, Local Head Office, 4th Floor, No.-16, College Lane, Nungambakkam, Chennai, Tamilnadu-600006
2. Palani Kolandhai Page 4 of 4 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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