2022 Supreme(Online)(CIC) 7606
के(cid:3)(cid:4)ीय सचू ना आयोग Central Information Commission , बाबा गंगनाथ माग(cid:10) मुिनरका
Baba Gangnath Marg, Munirka , New Delhi – 110067 नई (cid:11)द(cid:13)ली
/ Second Appeal No. CIC/PASBK/A/2020/676404 ि(cid:16)तीय अपील सं(cid:20)या
Biswasri Mukherjee … /Appellant अपीलकता(cid:10) VERSUS बनाम CPIO: Punjab & Sind Bank Rajendra Place, New Delhi … /Respondents (cid:23)ितवादीगण Relevant dates emerging from the appeal:
| RTI : 13.03.2020 | FA : 22.04.2020 | SA : 03.07.2020 |
| CPIO : 08.05.2020 | FAO : 22.05.2020 | Hearing : 19.07.2022 |
Hon’ble Commissioner SHRI SURESH CHANDRA
ORDER
(01.08.2022)
1. The issue under consideration arising out of the second appeal dated 03.07.2020 include non-receipt of the following information sought by the appellant through the RTI application dated 13.03.2020 and first appeal dated 22.04.2020:-
(i) How many temporary peons can be hired besides half pay PTS in a medium branch of your bank.
(ii) What are rules for the payment of the labour charges to the temporary peons.
Whether the amount is to be given by cash or be credited to their account.
(iii) How many temporary peons are in Punjabi Bagh branch besides PTS for period of August 2017 to November 2019, since how long they are working. Is their daily allowance credited by transfer to their account for continous period of more than 90 days or paid cash as labour charges. Are they doing any written work such as writing cash scroll of bank or filing account opening forms etc.
2. Succinctly facts of the case are that the appellant filed an application dated 13.03.2020 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Punjab & Sind Bank, New Delhi, seeking aforesaid information. The CPIO vide letter dated 08.05.2020 replied to the appellant. Aggrieved by the same, the appellant filed first appeal dated 22.04.2020. The First Appellate Authority (FAA) vide order dated 22.05.2020 disposed of the first appeal. Aggrieved by that, the appellant filed second appeal dated 03.07.2020 before the Commission which is under consideration.
3. The appellant has filed the instant appeal dated 03.07.2020 inter alia on the grounds that reply given by the CPIO was not satisfactory. The appellant requested the Commission to direct the CPIO to provide the complete information and take necessary action as per Section 20 (1) of the RTI Act.
4. The CPIO replied vide letter dated 08.05.2020 and the same is reproduced as under:-
The FAA vide order dated 22.05.2020 directed the CPIO, HO, L&R to provide information to the appellant within 20 working days of receipt of FAA’s order. In case the CPIO has already replied to the appellants RTI application, he was directed to send a copy of the reply again to the appellant, by registered/speed post within 20 working days of receipt of FAA’s order.
5. The appellant remained absent and on behalf of the respondent Shri Subhash Chandra Sagar, Assistant General Manager and Shri Akshay Kumar Dewal, Manager, Punjab and Sind Bank, Delhi, attended the hearing in person.
5.1. The respondent while defending their case inter alia submitted that appellant had sought information about the recruitment of peons and process thereof, which was internal in nature. Therefore, the information was denied to the appellant.
6. The Commission after adverting to the facts and circumstances of the case, hearing the respondent and perusal of records, observed that the reply given by the respondent was perfunctory. The disclosure of the number of peons hired and rules for payment to the peons did not involve any personal details, whatsoever. Moreover, all rules/policies/guidelines relating to payment of remuneration as well as hiring of staff/employees must be placed in public domain in compliance of the provisions under section 4 (1) (b) of the RTI Act. Therefore, the exemption claimed by the respondent is not sustainable in the eyes of law. Accordingly, the respondent are directed that the RTI application be re-visited and point-wise information including the policy guidelines sought be made available to the appellant within three weeks from the date of receipt of this order. With these observations and directions, the appeal is disposed of.
Copy of the decision be provided free of cost to the parties.