Central Information Commission
Appeal No.CIC/PB/A/2008/00547-SM dated 17.07.2008
Right to Information Act-2005-Under Section (19)
Dated 22.01.2009
Appellant: Shri Samuel
Respondent: Syndicate Bank
The Appellant along with Shri Anoop Kumar Aggarwal is present in
person.
On behalf of the Respondents, the followings are present:
(i) Sh. N. K. Sripathi, Asst. Gen. Manager
(ii) Sh. K. Solanki, Manager (Law)
The brief facts of the case are as under.
2. The Appellant has requested the CPIO, in his letter dated 24 October
2007, seeking seven pieces of information in respect of the promotion process
from Sub Staff to Clerical Cadre. The CPIO, in his reply of 16 November 2007,
denied the information sought on the ground that it did not relate to any public
activity or interest and, therefore, exempt from disclosure under Section 8(1)(j) of
the Right to Information(RTI) Act. He also held that some of the information was
held by the Bank in a fiduciary relationship while some others in commercial
confidence and could not be disclosed as per Section 8(1)(d) and (e) Of the RTI
Act. Against this the decision of the CPIO, the Appellant filed an appeal before
the first Appellate Authority on 23 November 2007. That Authority decided the
appeal in his order dated 29 November 2007. The first Appellate Authority did
not entirely agree with the decision of the CPIO and the directed that information
in regard to 5 items be provided to the Appellant. Thereafter, the CPIO, in his
later dated 9 January 2008, provided five sets of information to the Appellant.
The Appellant, not satisfied with the decision, has now filed the second appeal
before the Commission.
3. During the hearing, both the Appellant and the Respondent made various
submissions. We also carefully examined the appeal memo as also the documents
enclosed there with. Besides, we perused the written comments sent by the Bank.
After going through all the submissions and the documents and records produced
before us, we are of the view that, in addition to the information already given,
the CPIO should also intimate the item wise detail of marks allotted to the
Appellant himself as a candidate on the basis of the Branch report, service
records and written examination within 10 working days from the receipt of this
order.
4. With the above observations, we dispose off this appeal. Copies of this
order be given free of cost to the parties.
Sd/-
(Satyananda Mishra)
Information Commissioner
Authenticated true copy. Additional copies of orders shall be supplied
against application and payment of the charges prescribed under the Act to the
CPIO of this Commission.
Sd/-
(Vijay Bhalla)
Assistant Registrar