Rajesh Kumar Sharma vs Oriental Bank Of Commerce on 24 March, 2022

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Central Information Commission

Rajesh Kumar Sharma vs Oriental Bank Of Commerce on 24 March, 2022

1. The issues under consideration i.e. the reliefs sought by the complainant in the complaint dated 19.08.2016 due to alleged non-supply of information vide the RTI application dated 25.05.2016 are as under:-

Initiate necessary action as per the provisions of the RTI Act

2. Succinctly facts of the case are that the complainant filed an application dated 25.05.2016 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Punjab National Bank, Gurugram, seeking aforesaid information:

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(i) "Part-1/1- Purchase of capital assets etc i.e. Air-conditioners, Furniture and security gadgets for branches and regional office, MICR, Service branch and currency chest etc

a) Provide details of purchase committee, its members, details of meetings held and decisions taken for purchase of Air-conditioners, Furniture and security gadgets during 2009-2015.

b) Provide copies of tenders floated during 2009-2015 for purchase of air conditioners and capital goods i.e. S.F.F for branches and administrative office and other centre.

c) Provide copies of advertisement published during the stated period inviting technical and financial bids for purchase of above mentioned items etc.

d) Total capital cost of Air-conditioners, Furniture and security gadgets purchased during stated period from vendors, give details along with name of vendors, copies of financial bids( vendor-wise), contact awarded, vendor-wise request for proposal(RFP).

e) Sales Tax Registration Certificate & latest Income Tax Clearance Certificate (ITCC) copy of vendor to whom contact was awarded during stated period be given.

f) List of Corporate clientele and other major Institutional clients including banks and Government departments etc to whom bidder was supplying Computer Stationary be given.

g) Details of approved companies and Authorization certificate from them for supply of items by vendors.

h) Provide Copy of integrity pact with vendor, if any.

(ii) Part-1/2- Purchase of capital assets etc i.e. Air-conditioners, Furniture etc sanctioned at Residence of officers.

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a) Provide Policy guidelines of bank on S.F.F at officers' Residence, Policy guidelines on Reimbursement of Cartage and maintenance etc there at.

b) Total capital cost of sanctions granted to officers during 2009-20 I 5-

Number of officers, amount sanctioned for purchase of S.F.F at their residence, total amount reimbursed on repair and maintenance of S.F.F at officers' residence.

c) Provide copies of tenders floated during 2009-2015 for purchase of S.F.F at officers' residence.

d) Provide copies of advertisement published during stated period inviting technical and financial bids for purchase of above mentioned items etc.

e) Sales Tax Registration Certificate & latest Income Tax Clearance Certificate (ITCC) copy of vendor to whom contact was awarded during stated period be given.

f) List of Corporate clientele and other major Institutional clients including banks and Government departments etc to whom bidders i.e. M/s. Golden Furnishing co, Bala Ji Computer, Bala Ji Enterprises and others had supplied S.F.F items.

g) Details of approved companies and Authorization certificate from them for supply of items.

h) Did Bank enter into any integrity pact with vendor, if yes, provide copy of same.

(iii) Part 2

a) Provide details of firms engaged for event management in bank during 2009-2015 for supply of general merchandize and process followed before award of contracts.

b) Bank's guidelines on event management, provide details.

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c) Total occasions of event management held during stated period in branches within Jurisdiction of Amritsar Regional office and amount of expenditure incurred on these event, give details.

d) Out of events at Sr. No. 3 how many times events were got managed through firms namely M/s. Sanjay Service, Kavish Enterprise, Kareena Traders etc and total payments made there on during the stated period to these firms.

e) Sales Tax Registration Certificate & latest Income Tax Clearance Certificate (ITCC) copy of vendors to whom contact was awarded during stated period be given.

f) List of Corporate clientele and other major Institutional clients including banks and Government departments etc to whom stated vendors had rendered similar services.

g) Copy of integrity pact with vendor, if any. Provide.

(iv) Part 3 Pest Control Treatment

a) Provide details of firms engaged for Pest Control in bank during 2009- 2015 for anti termite treatment for bank's assets and record.

b) Bank's guidelines on subject matter, provide details.

c) Total Number of times pest control treatment doctored during stated period in branches within Jurisdiction of Amritsar Regional offices and amount of expenditure incurred on treatment, give details.

d) Out of events at Sr. No. 3 how many times pest control treatment was doctored by M/s. Pest Control firm and total payments made there on during stated period to said firm. give branch-wise position.

e) Sales Tax Registration Certificate & latest Income Tax Clearance Certificate (ITCC) copy of vendors to whom contact was awarded during stated period be given.

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f) List of Corporate clientele and other major Institutional clients including banks and Government departments etc to whom stated vendors had rendered similar services.

g) Provide copy of integrity pact with vendor, if any

h) Provide copy of all advertisement published inviting bids/tenders for said treatment, copy of empanelment of stated firm during the period mentioned above. Also provide copy of purchase committees' proceedings authorizing engagement of M/s. Pest Control for doctoring treatment in branches, during stated period."

The CPIO did not reply to the complainant. Aggrieved with the same, the complainant filed first appeal dated 27.06.2016. The First Appellate Authority (FAA) did not pass any order. Aggrieved by that, the complainant filed a second appeal dated 19.08.2016 before the Commission which is under consideration.

3. The complainant has filed the instant appeal dated 19.08.2016 inter alia on the grounds that no reply was given by the CPIO. The complainant 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.

4. Perusal of the records submitted by the complainant while filing the second appeal dated 19.08.2016 reveals that neither the CPIO nor the FAA provided any information or any reply to the complainant.

Hearing on 04.12.2018:

4.1. The complainant/complainant Shri Rajesh Kumar Sharma and the respondent Shri Sanjeev Malhotra, Asstt. General Manager and Shri Sudhir Sharma, Advocate, Oriental Bank of Commerce, Regional Office, Amritsar, Punjab, attended the hearing through video-conferencing.

4.2. The Commission passed the following directions on 05.12.2018:

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"8. The Commission observes that, prima facie, it appears that no reply in response to the RTI application was given to the complainant/complainant. However, the reasons for the same could not be ascertained as the respondent stated that he was not the CPIO at the relevant time. The Commission, therefore, directs the Registry of this Bench to issue a Show Cause Notice to Shri R.K. Sharma, the then CPIO, Chief Manager, Oriental Bank of Commerce, Sector-17, Faridabad for explaining as to why action under Section 20(1) of the RTI Act should not be initiated against him. Shri Sanjeev Malhotra, Asstt. General Manager, Oriental Bank of Commerce, Regional Office, Amritsar, Punjab shall ensure that a copy of this order is served upon Shri R.K. Sharma, the then CPIO, Chief Manager, Oriental Bank of Commerce, Sector-17, Faridabad. 9. With the above observations, the appeal/complaint are disposed of."

Hearing on 25.02.2022:

5. The complainant and on behalf of the respondent Shri Sunil Kumar Jha, Chief Manager and CPIO, Punjab National Bank, Faridabad, attended the hearing in person and Shri Surindra Ram, Chief Manager and CPIO, Punjab National Bank, Amritsar, attended the hearing through video conference.

5.1. The complainant inter alia submitted that the requisite information had not been provided to the complainant so far.

5.2. The respondent while defending their case inter alia submitted that they received the notice on 14.02.2022 and immediately started searching the desired information/documents as per the RTI application dated 25.02.2016. He further stated that they made all attempts to trace the desired information and the same were not traceable in the bank's records. He further submitted that the then CPIO Shri R.K. Sharma, who was show caused had retired from services.

6. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of records, observed that the respondent had not provided any response/information so far. Besides, in absence of the written explanations and failure to give appropriate response within stipulated time there appears to be lapse on the part of the CPIO. The non-response to the show cause notice also reveal the Page 6 of 8 respondent's non-serious and lackadaisical approach towards the provisions of the RTI Act as well as towards the Commission. In view of the mala fide on part of the CPIO, the Commission finds it a fit case for imposition of penalty under provisions of section 20 (1) of RTI Act.

6.1. The Commission notes that the negligence of duty as designated CPIO appears to be deliberate and mala fide is established on part of Shri R.K. Sharma, hence, is found liable as per section 20 (1) of RTI Act. In view of this, a penalty of Rs. 10,000/- (Rupees Ten Thousand only) may be imposed on the CPIO and Rs. 10,000/- shall be deducted from pension of Shri R.K. Sharma, the then CPIO, erstwhile Oriental Bank of Commerce, Sector-17, Faridabad-9, by the Public Authority in two instalments and paid by way of demand draft drawn in favour of "PAO, CAT", New Delhi, forward the demand drafts addressed to the Deputy Registrar (CR-II), email: [email protected] Room No. 106, First Floor, Central Information Commission, Baba Gangnath Marg, Munirka, New Delhi 110067. The first instalment of penalty amount should reach to the Commission by 20.04.2022 and the final instalment of penalty amount should reach to the Commission by 20.05.2022. Accordingly, the complaint is closed.

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

Sd/-

(Suresh Chandra) (सुरेश चं ा) ा) Information Commissioner (सूचना आयु ) दनांक/Date: 24.03.2022 Authenticated true copy R. Sitarama Murthy ( आर. सीताराम मूत ) Dy. Registrar ( उप पंजीयक) 011-26181927(०११-२६१८१९२७) Addresses of the parties:

CPIO :

1. Central Public Information Office, Punjab National Bank, Circle Office, NH-5, NIT, Neelam Chowk, Faridabad-121001 (Earlier Oriental Bank of Commerce) Page 7 of 8

2. Central Public Information Office, Punjab National Bank, Circle Office, NH-5, NIT, Neelam Chowk, Faridabad-121001 (For forwarding to Shri R.K. Sharma, the then CPIO) (Earlier Oriental Bank of Commerce)

3. Central Public Information Office, Punjab National Bank, Circle Office, 2nd Floor, Opp..ST.Francis School, MCLEOD Road, Amritsar-143001 (Earlier Oriental Bank of Commerce)

4. Central Public Information Office, Punjab National Bank, Circle Office, 2nd Floor, Opp..ST.Francis School, MCLEOD Road, Amritsar-143001 (For forwarding to Shri Sanjeev Malhotra) (Earlier Oriental Bank of Commerce) First Appellate Authority, Punjab National Bank, Circle Office, 2nd Floor, Opp..ST.Francis School, MCLEOD Road, Amritsar-143001 (Earlier Oriental Bank of Commerce) RAJESH KUMAR SHARMA Page 8 of 8

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