Kapil Bharatkumar Kanabar vs Rural / Gramin Banks on 17 July, 2023

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Central Information Commission

Kapil Bharatkumar Kanabar vs Rural / Gramin Banks on 17 July, 2023

1. The issue under consideration arising out of the second appeal dated 15.11.2021 include non-receipt of the following information sought by the appellant through the RTI application dated 21.06.2021 and first appeal dated 22.08.2021:-

(i) Provide date of charge taken by Mr. R. K.Vyas as Regional Manager of Jamnagar Region. Also provide certified copy of his joining letter

(ii) Provide date of relieve of Mr. R. K.Vyas from the post of Regional Manager, Jamnagar Region. Also provide certified copy of his relieve letter.

(iii) Provide certified copy (ies) of office order(s), 0.M., letter(s), sent by Region office Regional copy(ies). of emai1 (s) issued/ sent by Regional Office Jamnagar and / or by Regional Manager, Mr. R. K. Vyas (in his official capacity) to any Branch Manager (s) and or any other staff member (s) asking Page 1 of 6 for confirming his / her staying at headquarter (whatever, either in individual capacity or in officia1 capacity)

(iv) Provide certified copy(ies) of office order(s), O.M., letter(s), email (s) issued /sent by Saurashtra Gramin Bank, Head Office, Jamnagar and / or to Regional Manager Mr. R.K.Vyas (in his official capacity) for confirming some specific / selected staff members or all staff members for staying at headquarter (whatever, either in individual capacity or in official capacity)

(v) Provide certified copy(ies) of bank's circular (s) having all cut off dates. Also attach certified notification attached with bank's circular. Also provide certified copy(ies) of bank's circular (s) for extension of cut-off dates for Kharif-2019 season PMFBY with certified copy of notification of Govt. of Gujarat attached with bank's circular.

(vi) Provide certified copy (ies) order (s), 0.M., letter (s), email(s) issued / sent by SaurashtraGramin Bank, Head office, Rajkot office, to SaurashtraGramin Bank, Regional Office, Jamnagar and/or to Regional Manager Mr. R. K. vyas (in his official capacity) for completion of PMFBY (Pradhan MantriFasalBimaYojana) related all work on any specific date and or within some fixed days (other than cut-off date mentioned in PMFBY notification of Govt. of Gujarat and H.O Cir. For PMFBY Kharif-2019) to be completed more than one or all branches under control of Jamnagar Region.

(vii) Provide certified order(s), 0.M., letter(s), email (s) sent by Region office, Jamnagar and or by Regional Mr. R. official capacity) Manager K. Vyaas (in his to any Branch Manager(s) and or staff members(s) for completion of PMFBY Pradhan Mantri related FasalBima work Yojana) related all work on a specific day and /or within some fixed days (other than .cut-off date mentioned in PMFBY notification of Govt. of Gujarat and SGB, H.O. Cir. For PMFBY Kharif 2019).

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(viii) Provide certified order(s), issued/sent office, Saurashtra copy (ies) of office emai1 (s) Bank, Head office Rajkot instructing/ advising SaurashtraGramin Bank, Region Office, Jamnagar and/or Regional Manager Mr. R. K. vyas (in his official capacity) for temporary transfer of staff Supervising shri K. B Kanabar' from Viramdad Branch (134) to Jamnagar Region office (101).

(ix) In case of absence of any office order(s), 0.M., letter (s), email(s) for above mentioned point no. VIII, provide name of official (s) of bank's Head office who instructed /advised Regiona1 Manager, Jamnagar Mr. R. K. Vyas for temporary transfer of Staff Supervising Shri. K. B. Kanabar from Viramdad Branch (134) to Jamnagar telephonic/cell phone medium or any othermedium .

(x) Provide, details of administrative reason (s) as per record available for temporary transfer of staff Supervising Shri K. B. Kanabar from viramdad Branch (134) to Jamnagar Region office (101) with certified copy(ies) of supporting document (s) and/ or record(s).

2. Succinctly facts of the case are that the appellant filed an application dated 21.06.2021 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Saurashtra Gramin Bank, Jamnagar, Gujrat, seeking aforesaid information. The CPIO vide letter dated 20.07.2021 replied to the appellant. Aggrieved by the same, the appellant filed first appeal dated 22.08.2021. The First Appellate Authority(FAA) vide order dated 09.09.2021 disposed of the first appeal. Aggrieved bythat, the appellant filed second appeal dated 15.11.2021 before the Commission which is under consideration.

3. The appellant has filed the instant appeal dated 15.11.2021 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 20.07.2021 and the same is reproduced as under:-

       "i)    27.08.2018

       ii)    06.06.2020

       iii)   Exempted under RTI Sector 8 (1) (j)

       iv)    Exempted under RTI Sector 8(1) (j)

       v)     Total no. of pages 46 please present receipt of Rs. 92/- 9Rs. 2 per page) to
              provide certified copy of related documents.

       vi)    Exempted under RTI Sector 8 (1) (j)

       vii)   Exempted under RTI Sector 8 (1) (j)

       viii) Exempted under RTI Sector 8 (1) (j)

       ix)    Exempted under RTI Sector 8 (1) (j)

       x)     Exempted under RTI Sector 8 (1) (j)"

The FAA vide order dated 09.09.2021 reiterated the reply given by the CPIO.

5. The appellant and on behalf of the respondent Shri Rameshbhai Jivrajbhai Viramgama, CPIO, Saurashtra Gramin Bank, Jamnagar, attended the hearing through video conference.

5.1. The appellant inter alia submitted that the information provided by the respondent was incomplete. He further stated that the respondent had not provided the copies of correspondences sought in the RTI application, and insisted upon information with respect to point nos (iii) , (iv), (vi) to (x) of the RTI Application.

5.2. The respondent while defending their case inter alia submitted that the queries raised by the appellant were non-specific. Accordingly, they had replied to the appellant vide letter dated 20.07.2021 and had also demanded photocopying charges from the Page 4 of 6 appellant. The respondent further stated that with respect to point No. (x) there are certain issues relating to departmental action which was being envisaged or was being initiated including the reasons relating to secrecy of data.

6. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of records, observed that the appellant pressed for information sought against point nos. (iii), (iv), (vi) to (x) of the RTI Application. During the course of hearing, the respondent inter alia informed that the information sought was non-specific and indefinite. Moreover, with respect to point no. (x) therewere certain issues relating to departmental action which was being envisaged or was being initiated, hence, the information could not have been disclosed at the interim stage. However, perusal of the reply of CPIO revealed that all these points were not reflected in their response. The reply given by the CPIO was incomplete. In view of the above, the respondent is directed to re-visit the RTI application and provide information/appropriate reply within 2 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: 17.07.2023 Authenticated true copy R. Sitarama Murthy (आर. सीताराममूत#) Dy. Registrar (उपपंजीयक) 011-26181927(०११-२६१८१९२७) Addresses of the parties:

The CPIO SaurashtraGramin Bank 4th Floor,Silver Plaza, 7-Patel Colony, Bedibandar Road,Jamnagar, Gujarat -361009 Page 5 of 6 First Appellate Authority, SaurashtraGraminBank Wing-2, 1st Floor, LIC, JeevanPrakashBuilding, Tagore Road, Rajkot, Gujarat -360001 Shri KapilBharatkumarKanabar Page 6 of 6

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