Central Information Commission
Appeal No.CIC/PB/A/2008/1051-SM dated 12.02.2008
Right to Information Act-2005-Under Section (19)
Dated: 18 August 2009
Name of the Appellant : Smt. Surbhi Kana
W/o. Shri Pradeep K. Choudhary
442 A, Road No.5,
Ashok Nagar, Ranchi
Name of the Public Authority : CPIO, State Bank of India
Local Head Office, West Gandhi
Maidan, P.B. No.103,
Patna-800 001
The Appellant was not present in spite of notice.
On behalf of the Respondent, Shri Varun Kumar, was present.
2. In this case, the Appellant had, in her application dated February 12,
2008, requested the CPIO for a number of information regarding the transfer
of staff under the redeployment of award staff scheme of the Bank. The
CPIO replied on March 14, 2008 but provided only a copy of the policy
guidelines on such transfers and refused to provide the remaining
information on the ground that it was exempt from disclosure under Section
8(1) (e) and (j) of the Right to Information (RTI) Act. Not satisfied with this
reply, he had sent an appeal to the first Appellate Authority on April 22,
2008. It is not clear if the Appellate Authority decided her case. She has
now come before the CIC in second appeal.
3. The case was heard through videoconferencing. The Appellant was
not present in spite of notice. The Respondent was present in the Patna
studio of the NIC. We heard his submissions. He admitted that though the
information sought was available with the Public Authority, it had been
denied under the impression that it did not serve any public interest. It was
clarified to him that the ground on which any information could be denied
CIC/PB/A/2008/1051-SM
was not whether it served any public interest or not; the only ground on
which any information can be denied has to be one of the several
exemptions provided in Section 8 of the Right to Information (RTI) Act.
Information regarding transfer and posting of employees cannot be denied
on any ground since such information should have already been placed in
the public domain as required under Section 4 of the RTI Act.
4. Therefore, we direct the CPIO to provide to the Appellant within 10
working days from the receipt of this order, the remaining information
regarding the transfer of the award staff during the relevant period within
the area for which the information had been sought.
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/PB/A/2008/1051-SM