CENTRAL INFORMATION COMMISSION
Appeal No.3001/ICPB/2008
F. No. PBA/2008/00632
November 12, 2008
In the matter of Right to Information Act, 2005 - Section 19
[Hearing at Bangalore on 24.10.2008 at 2.00 p.m.]
Appellant: Mr. C. Rudrappa
Public authority: Syndicate Bank
Mr. N.K. Sripathi, AGM & PIO
Mr. B.S. Surendra, GM & Appellate Authority
Parties Present: For Respondent:
Mr. N.K. Sripathi, AGM
Appellant not present.
FACTS
:
The appellant, the Liaison Officer, Indian Justice Forum for Welfare of
SC/ST & Minorities has sought information under RTI Act by his letter dated
7.8.2007 addressed to the General Manager (P), Syndicate Bank, Personnel
Department, HO, Manipal requesting information pertaining to disciplinary action
initiated against one Mr. Prakash S. Ramdurg, ex-Manager of the Bank. In this
connection, he has requested for the investigation report and the show-cause
notice issued to this particular officer and also the explanation submitted by Mr.
Prakash S. Ramdurg etc. The PIO provided reply vide letter dated 28.8.2007 by
which he informed the appellant that strictly speaking they cannot entertain his
application since he has filed this application as a Liaison Officer of a particular
forum and he is not satisfied as per the section 3 of RTI Act. However, they have
entertained this application and provided reply to the appellant on merit. The PIO
has stated this information is pertaining to an ex-official of the Bank held in
fiduciary capacity and therefore exempt under section 8(1)(e) of the RTI Act and
it is also a third party information and therefore he is not entitled under section
8(1)(j) of the Act. However, he has provided the particulars of first AA and the
first AA has disposed of this appeal on 27.9.2007 by which he had given a
speaking order to emphasize how he is not entitled for this information as per
section 8(1)(d) and (j) of the Act. This has resulted in filing of appeal before the
Commission on 20.12.2007. Comments were called for from the public authority
which was received on 26.7.2008.
DECISION:
2. This case came up for hearing on 24.10.2008, which was attended by the
AGM (P), HO, Manipal. The appellant did not attend the hearing. I have gone
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through the RTI application and other replies received in this connection. It is
reiterated before the public authority that the Commission has been entertaining
the applications filed by Liaison Officers, Secretaries, Presidents, Union Office-
bearers on account of the reason that the beneficial provisions of the RTI Act
should be extended to one and all and it should not be denied under the narrow
definition. Therefore, the public authority has been advised to entertain such
applications in future. As far as the appellant is concerned, he has not made any
complaint against Mr. Prakash S. Ramdurg, ex-Manager based on which the
Bank has initiated some investigation and after conducting enquiry the officer
was dismissed from service. Therefore, there is no obligation on the part of the
Bank to provide the investigation report to the appellant since this information is
third party information and the appellant is not entitled for this information.
Likewise, in the second appeal the appellant has also stated that he is requiring
this information since some injustice has been done to one Mr. Mundewadi, clerk
of Syndicate Bank who was earlier working in the same branch and they have
also referred the matter to the National Commission for SC/ST that some
discriminatory action has been taken against one of their members. The
appellant has not brought out any connection between both the cases. Having
been proceeded with some irregularity if Mr. Mundewadi has been given harsher
punishment it is for him to file an application and request information from the
Bank. Whereas this particular information is not pertaining to Mr. Mundewadi it is
only pertaining to ex-Manager of the Bank for which there is no entitlement to the
appellant to receive this information and I, therefore, reject the appeal.
Let a copy of this decision be sent to the appellant and CPIO.
Sd/-
(Padma Balasubramanian)
Central Information Commissioner
Authenticated true copy :
(Prem Singh Sagar)
Under Secretary & Assistant Registrar
Address of parties :
1. Mr. N.K. Sripathi, AGM & PIO, Syndicate Bank, Industrial Relations
Division, Manipal-576104
2. Mr. B.S. Surendra, GM & Appellate Authority, Syndicate Bank, Syndicate
Bank Corporate Office, 1st Floor, Syndicate Bank Building, Gandhi Nagar,
2nd Cross, Bangalore.
3. Mr. C. Rudrappa, (President), Indian Justice Forum for Welfare of SCs/STs
& Minorities, Administrative Office, 4033, 8th Main, 8th Cross,
Kumaraswamy Layout 2nd Stage, Banglore-560078
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