Central Information Commission, New Delhi
File No.CIC/SM/A/2009/002044
Right to Information Act2005Under Section (19)
Date of hearing : 15 November 2010
Date of decision : 15 November 2010
Name of the Appellant : Shri M D Mundewadi
Syndicate Bank,
MALATWAD Branch,
Bijapur District.
Name of the Public Authority : CPIO, Syndicate Bank,
Head Office,
Manipal, Distt - Udupi.
The Appellant was present in person.
On behalf of the Respondent, Shri Sripati, CPIO, was present.
Information Commissioner : Shri Satyananda Mishra
Decision Notice
Appeal allowed.
Elements of the decision:
Section 8(1)(e) & (j) Directed the CPIO to provide information
2. We heard this case through videoconferencing. The Appellant was
present in the Bijapur studio at the NIC. The Respondent was present in the
Udipi studio.
CIC/SM/A/2009/002044
3. We heard their submissions. The Appellant had sought the photocopies
of a number of documents relating to the disciplinary proceedings against Shri
Prakash S Ramdurg, exManager of the Talikote Branch. The CPIO had
declined to disclose information by claiming it to be held both in a fiduciary
relationship and as personal information and cited the exemption provisions
contained in Section 8(1) (e) and (j) of the Right to Information (RTI) Act. The
Appellate Authority had endorsed the decision of the CPIO.
4. After carefully hearing the submissions of both the parties and
considering the facts of the case, we do not agree with the decision of either the
CPIO or the Appellate Authority. In numerous decisions, the CIC has held that,
once the disciplinary proceedings against any employee of a public authority
are complete with the disciplinary authority passing his final orders, certain
information regarding the same should be placed in the public domain and such
information cannot be ordinarily denied by claiming exemption under any of the
provisions of the Right to Information (RTI) Act. In line with such decisions and
in view of the fact that the disciplinary proceedings against the said exmanager
are now over, we direct the CPIO to provide to the Appellant within 10 working
days from the receipt of this order, the copies of the following documents:
i) charge sheet;
ii) investigation and enquiry report after deleting any reference to any
third party customer account details, if any;
iii) final order passed by the disciplinary authority imposing penalty, if
any, or otherwise;
iv) representation or appeal made by the said officer against the order of
the enquiry officer/disciplinary authority; and
CIC/SM/A/2009/002044
v) order of the Appellate Authority, if any, on the said
representation/appeal.
5. With the above direction, the appeal is disposed off.
6. Copies of this order be given free of cost to the parties.
(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.
(Vijay Bhalla)
Assistant Registrar
CIC/SM/A/2009/002044