Central Information Commission
Appeal No. CIC/SM /A/2009/00055 dated 23.09.2008
Right to Information Act-2005-Under Section (19)
Dated: 22 September 2009
Name of the Appellant : Shri Dinesh Bhagat,
CA-63 A, Shalimar Bagh,
Delhi.
Name of the Public Authority : CPIO, Oriental Bank of Commerce,
Head Office, Harsha Bhawan,
E-Block, Connaught Place,
New Delhi - 110 001.
The Appellant was present along with Shri Kapil.
On behalf of the Respondent, the following were present:-
(i) Shri P.K. Bajpai, Chief Manager
(ii) Shri D.K. Gupta, Dy. Chief Manager
2. In this case, the Appellant had requested the CPIO on April 23, 2008
for a number of information concerning the Leave and Medical records of a
particular employee, named, Shri V.K. Sharma and also about the list of
employees who were not the members of a particular Union and the copy of
the file with regard to the complaint lodged in a particular Police Station in
New Delhi, etc. The CPIO replied on May 07, 2008 and denied the
information claiming that it concerned third parties and was, therefore,
exempt from disclosure under Section 8(1)(j) of the Right to Information
(RTI) Act. The Appellant challenged this order before the first Appellate
Authority on May 12, 2008. The Appellate Authority rejected his appeal in
his order dated June 10, 2008. The Appellant has come before the Central
Information Commission in second appeal.
3. Both the parties were present during the hearing and made their
submissions. After carefully examining the contents of the application for
information, we think that not all the information sought could be denied as
exempt from disclosure under Section 8(1)(j) of the Right to Information
(RTI) Act. We, therefore, direct the CPIO to provide the following
CIC/SM /A/2009/00055
information to the Appellant within 15 working days from the receipt of this
order:-
(i) complete leave record of Shri V.K. Sharma for the last 20 years, if
the said information is available. If the information for the entire
period is not available for any reason, the CPIO shall provide the
information for the available period and explain why the
remaining information is not available;(ii) hospitalization expenses reimbursed to Shri V.K. Sharma, year-
wise, for the last 20 years, if such information is available. In
case all or part of the information is not available, the CPIO shall
explain the reasons for the non-availability of such information;
(iii) the list of hospitals where Shri V.K. Sharma was admitted
including the period of hospitalization, if such information is
available;
(iv) the list of employees who are not members of the Union (AIOBEA)
if such information is being centrally maintained by the Bank;
(v) certified photocopy of the entire file in which the decision to
lodge a complaint with the Police Station Paharganj in New Delhi
was taken for shortage of cash;
(vi) a copy of the relevant policy on transfer of workmen employees of
the Bank and if there have been cases of deviation from the policy
and the reasons thereof as available in file/record.
4. With the above direction, the appeal is disposed off.
5. 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/2009/00055