Mr.Ashok M. Pandya. vs Bank Of India on 21 October, 2011

Central Information Commission
Mr.Ashok M. Pandya. vs Bank Of India on 21 October, 2011
                        CENTRAL INFORMATION COMMISSION
                            Club Building (Near Post Office)
                          Old JNU Campus, New Delhi - 110067
                                 Tel: +91-11-26161796
                                                          Decision No. CIC/SG/A/2011/001831/15267
                                                                  Appeal No. CIC/SG/A/2011/001831
Relevant facts emerging from the Appeal:

Appellant                            :       Mr. Ashokumar M. Pandya,
                                             16/A, Kishan Complex,
                                             Maninagar char Rasta,
                                             Ahemdabad-380008
.
 Respondent                          :       Mr. Krishna Kumar
                                             PIO & Dy. Zonal Manager,
                                             Bank of India,
                                             Ahmedabad zone,
                                             Bank of India Building,
                                             Bhandra, Ahemdabad-380001

RTI application filed on             :       11-02-2011
PIO replied on                       :       12-03-2011
First Appeal filed on                :       28-03-2011
First Appellate Authority order of   :       16-04-2011
Second Appeal received on            :       13-06-2011

Information Sought:

1. Month Wise Salary paid & all other perks like News Paper, Cleaning materials, Petrol
Expenses, and Business Development Expenses paid (For the period 01-06-2008 to 31-12-2008
and 01-08-2011.

2. Dates of paid/unpaid leave, Type of Leave (Casual Leave, Privileged Leave, Sick Leave) and
Sanctioning Authority (For the period 01-06-2008 to 31-12-2010 to 31-01-2011). Supply
copies of the leave applications.

3. Whether is there any Unauthorized absence since 01-06-2008 till 11-02-2011, if yes, give
specific dates and give information regarding action taken thereupon.

4. Whether the bank knows about arrest of Shri Bhola Prasad and non bailable warrant issued by
Criminal Court of Ahemdabad against Shri Champaneri and Shri Rajiv Ranjan in Criminal
Case? If yes, for which period Shri Bhola Prasad was kept in custody?

5. On which date the bank knew about the charge sheet filed against Shri Bhola Prasad?

6. Since which date the bank knew that Shri Bhola Ramjee Prasad was absconding?

7. Is there salary paid to Shri Bhola Ramjee Prasad for period of his judicial custody? If yes, give
the salary amont paid and name of Sanctioning Authority.

8. Whether any Disciplinary Proceedings are initiated, pending or contemplated against these
officers for their act of abatement in criminal case.

9. Provide information of banks vehicle sent to office of the CID Crime, Criminal Courts &
Sabarmati Central Jail and High Court of Gujarat from 01-09-2010 to 11-02-2011. Vehicle
Number, Date, Time, Name of Officer accompanied, specific reason/purpose of visit etc.

The PIO reply:

Information provided.

Grounds for the First Appeal:

Unsatisfactory reply was given to the appellant by the PIO .

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Order of the First Appellate Authority (FAA):

“(a) Your RTI-application dated 11-02-2011 submitted at the Head Post Office Navrangpura Post
Office, Ahemdabad was forwarded by the Post Office to and received by the Bank on 14-02-2011
alongwith Indian Postal Order towards the prescribed fee.

(b) The CPIO, Ahmedabad Zone has already disposed of your RTI-Application by their letter Ref.
.No. AZO/LGL/66/508 dated 12-03-2011.

(c) Your latest communication dated 28-03-2011 preferring one more ‘First Appeal’ refers in the
caption to the said decision of the CPIO and the reference of the CPIO’s reply letter. You have though
not withdrawn your ‘First Appeal’ preferred by your first communication dated 19-03-2011.”

Ground of the Second Appeal:

NO information had been provided by the PIO and unsatisfactory order was given by the FAA.

Relevant Facts emerging during Hearing:

The following were present
Appellant : Mr. Ashokumar M. Pandya on video conference from NIC-Ahmedabad Studio;
Respondent : Mr. Krishna Kumar, PIO & Dy. Zonal Manager on video conference from NIC-

Ahmedabad Studio;

The Appellant has sought information about the amounts paid to three bank officers as well as
some of the perquisites given to them. The PIO has refused to give this information claiming
exemption under Section 8(1)(j) of the RTI Act. Information about the salary and perquisites given to
public servants cannot be considered to be information which could invade the privacy fo an
individual. In view of this the Commission does not uphold the PIO’s decision to refuse this
information.

Decision:

The appeal is allowed.

The PIO is directed to provide the all the information available on the records to
the Appellant before 20 November 2011.

This decision is announced in open chamber.

Notice of this decision be given free of cost to the parties.
Any information in compliance with this order will be provided free cost as per Section 7(6) of RTI Ac.

Shailesh Gandhi
Information Commissioner
21 October 2011
(In any correspondence on this decision, mentioned the complete decision number.)(ved)

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