Shri.Indravadan A Padhya vs Bank Of India on 15 September, 2011

                      CENTRAL INFORMATION COMMISSION
                          Club Building (Near Post Office)
                        Old JNU Campus, New Delhi - 110067
                               Tel: +91-11-26161796

                                                   Decision No. CIC/SM/A/2010/001544/SG/14607
                                                          Appeal No. CIC/SM/A/2010/001544/SG

Relevant facts emerging from the Appeal:

Appellant                            :     Mr. Indravadan A. Padhya,
                                           3, Dipti, Bank of India Staff Society,
                                           Gulbai Tekra, B/h. B.S.N.L. Building,
                                           Ahmedabad-380006.

Respondent                           :     Central Public Information Officer
                                           Bank of India,
                                           Head Office, Legal Department,
                                           Gulbai Tekra, B/h/ B.S.N.L. Building,
                                           Ahmedabad-380006.

RTI application filed on             :      20/07/2010
PIO replied on                       :      16/08/2010
First Appeal filed on                :      28/08/2010
First Appellate Authority order on   :      Not mentioned.
Second Appeal received on            :      27/10/2010

Information Sought:
Kindly provide by way of information copies of the following circulars issued by the Indian Bank's
Association:
   1. PD/CIR/76/G(ii)/296 dated 31/05/96. Encashment of leave to employees who seek voluntary
       retirement under Regulation No. 29 of Bank (Employees') Pension Regulations, 1995.
   2. PD/CIR/76/G(ii)/1696 dated 19/12/96. Notification dated 06/12/96 regarding amendment to
       Rule 89 of Income Tax Rules, 1962.
   3. PD/CIR/76/G(ii)/1939 dated 04/03/98. Payment of arrears of pension w.e.f. 01/11/93 to
       eligible members of family where the employee had retired before 01/11/93 but died
       subsequently but before the notified date.
   4. PD/CIR/76/G(ii)/289 dated 26/06/98. Revision in the upper limit on the employer's annual
       contribution to Pension Fund from 25% to 27% of the employee's pay for each year.
   5. PD/CIR/76/G(ii)/1521 dated 11/01/99. "Pay" to be reckoned for purpose of average
       emoluments in the case of an employee who retires on attaining the age of superannuation
       while on deputation to another organization.
   6. PD/CIR/76/G(ii)/105 dated 19/04/02. Procedure to arrive at pension payable to part-time
       employees on scale-wages.

Reply of the PIO:
Under the provisions of the RTI Act, Bank is expected to provide only the available information with
the Bank but not exempted disclosure u/s 8(1) of the said Act. The information sought by the
Appellant was emanated from the IBA and these circulars were not issued by the Bank. Hence, the
desired information may be obtained from the IBA.


Grounds for the First Appeal:
The CPIO refused to provide information to the Appellant under the plea that the required information
were emanated from IBA and these circulars were not issued by the Bank.
 Order of the First Appellate Authority (FAA):
Not enclosed.

Ground of the Second Appeal:
The Indian Bank's Association not being a Public Authority is not under obligation to provide
information under the RTI Act and hence, the CPIO of the Public Authority- Bank of India is under
obligation to provide information held by it and which is also under its control.

Relevant Facts

emerging during Hearing:

Both the parties were given an opportunity for hearing. However, neither party appeared. The
Appellant had sent a letter to the Commission on 05/09/2011 stating that he has received all the
information satisfactorily and does not wish to continue with the Appeal.

Decision:

The Appeal is disposed.

Information has been received by the Appellant.
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
15 September 2011
(In any correspondence on this decision, mention the complete decision number.) (Ank)