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Decision No. CIC/SM/A/2011/000580/SG/14700
Appeal No.CIC/SM/A/2011/000580/SG
Relevant Facts
emerging from the Appeal:
Appellant : Mr. Sharad S. Phadke
9A/1, Paschima Nagari
Near city pride, Kithrud
P.O. Pune- 411052
Respondent : Public information office
Astt. CPIO & Branch Head
Bank of India
Laxmi road branch, Pune
RTI application filed on : 09/07/2010
PIO replied : 24/07/2010
First appeal filed on : 29/07/2010
First appellant authority replied on : 18/08/2010
Second appeal received on : 27/12/2010
Information Sought:
Information is sought in reference to:
Bank of India, Gomoh, Through Manager, Officer In-charge, Hariharpura, P.S. Gomoh, Dhanbad
Zone: Jharkhand Vs. Shri Radha Nath Singh, S/O Late Jyoti Lal Singh, Village Damodarpur, P.O.
Khario, District Dhanbad, Jharkhand.
M/s Deepak Agency, Through Shri Madhusudhan Saw, Manaitand, Dhanbad, Presently at village
Dolawar, P.O. Moko (Baliapur), District Dhanbad,Jharkhand.
1. Total amount of expenses in the breakup of legal charges paid to advocates, miscellaneous
expenses, money equivalent of man hours of staff, travelling and Diem allowances etc. for
contesting this case.
2. Names, designations and places of present posting of officers of bank who recommended or
authorised such litigation and expenses thereof. Sec.4(1)(b)(iii).
3. Certified copy of all process notes and file notings relating to legal action. As per section 4(1)
(b)(iii) and bank may use section 10 of RTI act for segregation by blurring personal
information, if need be.
4. Certified copy of policy or board guidelines for such litigation. [section 4 (1)(b)(viii)].
5. Certified copy of circulars issued by HO for guidance of administrative offices and branches
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on litigation in courts, consumer forums/commissions. [section 4 (1)(b)(v)].
6. Certified copy of process note of appointment of advocates on panel who represented the bank
and their opinions held by bank.
7. Details of departmental action initiated by bank on erring branch manager of concerned
branch for loss of Rs. 27000/- to the bank. In case no action is initiated, reasons held on record
should be made known.
8. Name, designation and official address of the disciplinary and controlling authority of the
branch manager at the time of disbursement of Rs. 27000/-
9. Rationale held on record, justifying such legal action on unemployed youth by a govt. owned
bank mandated to alleviate unemployment and poverty at public cost. And when there is no
law to support direct payment unless you have authority to pay.
10. Details of action taken on recently declared national litigation policy by Govt. of India,
Ministry of Law and Justice.
Reply of PIO:
Application returned in original as the matter pertained to another Zone.
Grounds for the First Appeal :
Illegal return of the application, deemed as denial of information
Order of the First Appellate Authority (FAA) :
The desired information is exempted from disclosure u/s 8 (1)(d)&(j) of RTI Act, being a matter of
commercial confidence and pertains to personal information of third party which could cause
unwarranted invasion of the privacy of the individual. Upheld PIO’s reply.
Ground of the Second Appeal:
Unsatisfactory information
Relevant Facts emerging during Hearing:
The following were present
Appellant: Mr. Sharad S. Phadke on video conference from NIC-Pune Studio;
Respondent: Absent;
The Commission notes that the PIO & FAA have refused to give the information claiming
exemption under Section 8(1)(d) & (j) of the RTI At. They have not been able to justify the refusal to
give information under Section 8(1)(d) & (j) of the RTI Act. As per Section 19(5) of the RTI Act the
onus to prove that the denial of information was justified is on the PIO. Since this justification has not
been established the PIO’s denial of information is not upheld.
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Decision:
The Appeal is allowed.
The PIO is directed to provide the information to the Appellant before
20 October 2011 after obtaining from any other officer in the Bank under Section 5(4)
if required.
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
20 September 2011
(In any correspondence on this decision, mention the complete decision number.)(NS)
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