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Decision No. CIC/SG/A/2011/002012/15389
Appeal No. CIC/SG/A/2011/002012
Relevant facts emerging from the Appeal:
Appellant : Mr. Sanjay Sitaram Kurhade
Shop No. 23, Suryamukhi Co-op.Hsg.Soc.Ltd.,
Opp. Raheja Complex,
Near Patripul, Kalyan(W) - 421301
Respondent : Mr. Satish Chandran,
CPIO & DGM,
Bank of India,
Head Office, Star House,
Bandra – Kurla Complex,
Bandra (E), Mumbai – 51
RTI application filed on : 25-04-2011
PIO replied on : 30-05-2011
First Appeal filed on : 17-06-2011
First Appellate Authority order of : 01-07-2011
Second Appeal received on : 23-07-2011
Information sought:-
The Appellant has sought the following information about Mr. Vitthal Anat Ambre, who worked as
Hawaldar, from 1997 to till date:-
“1). Give the certified copy of official Rules of Regulations Booklet of your Bank regarding the total
Period which is required to complete the proceeding of Terminal dues of employees of your Bank after
their retirement.
2) Give the certified copy of official Rules of Regulations Booklet of your Bank regarding the total
period which is required to complete the proceeding of Terminal dues of employees of your Bank after
their dismissal (after completion of enquiry and given an order of dismissal to the employees who has
been issued charge sheet for his alleged misdeeds). .
3) Give the certified copy of official Rules of Regulations Booklet of your Bank regarding the
Punishment and Count of Action could be taken against the officers who are responsible for the
delay’& negligence to do the proceeding of Terminal dues of employees of your Bank after their
retirement.
4) Give the certified copy of official Rules of Regulations Booklet of your Bank regarding the
Punishment and Course of Action could be taken against the officers who are responsible for the delay
& negligence to do the proceeding of Terminal dues of employees of your Bank after their dismissal
(after completion of enquiry and given an order of dismissal to the employees who has been issued
charge sheet for his alleged misdeeds).
5) Give the certified copy of official Rules of Regulations Booklet of your Bank regarding the
designation of the officers who are responsible for the delay & negligence to do the proceeding of
Terminal dues of employees of your Bank after their retirement.
6) Give the certified copy of official Rules of Regulations Booklet of your Bank regarding the
designation of the officers who are responsible for the delay & negligence to do the proceeding of
Terminal dues of employees of your Bank after their dismissal (after completion of enquiry and given
an order of dismissal to the employees who has been issued charge sheet for his alleged misdeeds).
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7) Give all the details of day to day report and certified copy of all the proceedings regarding the
matter.
8) Give the name and Designation of the Officers who have participated in the said matter and give
certified copy of their orders and the proceedings made by them.
9) Give, the detail record of the journey made by the file of the said matter to the table and custody of
the concerned officers. i.e. period(day .dates) of the file pending on the table of the concerned officers.
10) Give the certified copy of all expenses regarding the matter. If it not written/made/mentioned/
registered by the concerned officers Give the names & designations of the concerned officers who are
responsible for the same.
11) Give the in and out timing details given by the concerned staff for the matter. If it not
written/made/mentioned/registered by the concerned officers, Give the names & designations of the
concerned officers who are responsible for the same.
12) If the said matter have been transferred to the another office/department/branch, give the details
and certified copy of the said order.
13) Give the copy of total Correspondence made by Bank Of India to Mr. Ambre if it not done by the
concerned officers, Give the names &.designations of the concerned officers who are responsible for
the same,
14) Give the certified copy of the record maintained and made by the concerned officers on the
concern record books of your Bank
15) Give the total period taken by each & every concerned officers for completing the proceedings of
the regarding matter.
16) Give the certified copy of the report made by concerned officers to the concerned senior officers
regarding the matter If it not done by the concerned officers Give the names & designation of the
concerned officers who are responsible for the same.
17) Give the certified copy of the opinion/remark made by concerned officers regarding the matter. If
it not done by the concerned officers. Give the names & designations of the concerned officers who
are responsible for the same.
18) If the proceedings have been completed, Give the certified copy of the same regarding the matter.
19) If the proceedings have not been completed, Give the names & designations of the concerned
officers who are responsible for the same.
20) If the delay have been made in this matter by the concerned officers, Give the information about
Punishment and Actions which can be taken against the concerned responsible officers including
official rules & regulations booklet about the same.
21) If the delay take place in this matter, Give the information about the Actions has been taken
against the concerned responsible officers.
22) If the Actions have not been taken against the concerned responsible officers for the delay made
by the concerned officers for the proceedings of the said matter, Give the names and designations of
the concerned senior officers.
23) Give the information about the charges as per the above mentioned points of my application. (As I
am ready to pay the required charges for the same, give such information as early as possible as per
this point.).
24) Give the names and designations of the First and Second appellate authority including their
addresses and telephone numbers about these information.”
Reply of Public Information Officer (PIO):
The Appellant was provided with the following reply:-
“It is observed that vide the above said application you have sought information pertaining to
settlement of terminal dues of Shri Vitthal A. Ambre, who was dismissed from the services by the Bank.
Kindly note that the desired information relates to third party individual i.e. Shri V. A. Ambre
and the disclosure of the same would cause unwarranted invasion of privacy of that individual. Hence
it is exempted from disclosure u/s 8(1) (j) of the RTI Act and your request cannot be acceded to.
You may please appreciate that under the provisions of the RTI Act. Bank is expected to
provide only the available information that is not exempted from disclosure U/s 8 (1) of the said
provide reply to any query or give opinion on the points raised in the application.
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Further, it is observed that the information called for (at para 3 to 14) are queries and not an
information as defined u/s 2(f) of the RTI Act and the same are not specific. Hence, we are unable to
comment on these points.
It is informed that there is no time limit prescribed for payment of Provident Fund dues under
Bank of India Provident Fund Rules. However, the PF will be paid within a reasonable time from the
receipt of application for settlement of PF from the employee and as per the recommendation of the
Zonal Office.
Without prejudice to the above, we wish to inform you that the terminal benefits dues of Shri
Y. A. Ambre has been settled by the Bank and the amount was received (cheque) by Mr. V.A. Ambre on
09.01.2011 against stamped receipt in the matter.
We trust that the above reply would meet your requirements in the matter.”
Grounds for First Appeal:
Unsatisfactory reply was given by the PIO.
Order of First Appellate Authority (FAA):
“It is stated in the appeal that you have not received any reply to your application dated
25.04.2011 submitted to CPIO, Head Office.
Please note that your application under reference was disposed of by the CPIO, Head Office
vide Ref. No. HO/LGL/CPIO:946-A dated 30.05.2011.
For your ready reference a copy of the same is enclosed herewith.”
Grounds for Second Appeal:
Unsatisfactory reply was given by the PIO and also no order was passed by the FAA.
Relevant Facts emerging during Hearing:
The following were present:
Appellant: Mr. Sanjay Sitaram Kurhade, via video conference from NIC Studio- Thane;
Respondent: Mr. I. T. Vel, Senior Manager on behalf of Mr. Satish Chandran, CPIO & DGM, via
video conference from NIC Studio- Mumbai.
The PIO had refused to give information on the basis that some of the information related to an
individual Mr. Vithal Ambre. It emerges during the discussion that Mr. Vithal Ambre has no objection
to the disclosure of information.
Decision:
The Appeal is allowed. The CPIO is directed to provide the complete information point – wise 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 of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi
Information Commissioner
31 October 2011
(In any correspondence on this decision, mention the complete decision number.)(HA)
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