Central Information Commission
File No.CIC/SM/A/2009/001491 dated 01-06-2009
Right to Information Act-2005-Under Section (19)
Dated: 2 February 2010
Name of the Appellant : Shri Ashok Mahajan
H.No. 159, Shivalik Enclave Manimajara,
Chandigarh - 160 101.
Name of the Public Authority : CPIO, Punjab National Bank,
Circle Office, 17-B,
Inspection Department,
Chandigarh.
The Appellant was present in person.
On behalf of the Respondent, the following were present:-
(i) Shri P.S. Bedi, F.A.A,
(ii) Shri R.S. Singh, Manager Law
2. In this case, the Appellant had, in his application dated 1 June 2009,
requested the CPIO for a number of details regarding the dismissed
Managers of the Bank in the Chandigarh and Haryana circles during the
calendar years 2007 and 2008. The CPIO replied on 5 June 2009 denying the
information claiming exemption under Section 8(1) (e), (g) and (j) of the
Right to Information (RTI) Act. Against this decision of the CPIO, the
Appellant approached the Appellate Authority on 19 June 2009. The
Appellate Authority upheld the decision of the CPIO in his order dated 9 July
2009 and gave no relief to the Appellant. Consequently, the Appellant has
come before the CIC in second appeal.
3. We heard this case through videoconferencing. Both the parties were
present in the Chandigarh studio of the NIC. We heard their submissions. We
do not agree with the contention of the CPIO that the desired information
could be covered under any of the exemption provisions cited by him.
Dismissal of employees following disciplinary proceedings is an
administrative action taken in public interest and there is nothing personal
CIC/SM/A/2009/001491
about it. Once the disciplinary proceedings are over, the disclosure of the
chargesheet as well as the report of the Inquiry Officer cannot affect any
longer those proceedings and, therefore, can no longer be withheld under
any of the provisions of the RTI Act.
4. In view of the above, we now direct the CPIO to provide the desired
information to the Appellant within 15 working days from the receipt of this
order along with certified copies of the relevant documents.
5. The case is, thus, 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/2009/001491