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2023 Supreme(Online)(CIC) 3098

केीय सूचना आयोग

Central Information Commission

बाबा गंगनाथ माग ,मुिनरका

Baba Gangnath Marg, Munirka

नई द ली, New Delhi – 110067

ितीय अपील संया / Second Appeal No. CIC/CANBK/A/2021/116186

Sanjeev Kumar

… अपीलकता /Appellant

VERSUS

बनाम

CPIO: Canara Bank

Bengaluru, Karnataka

…ितवादीगण/Respondents

Relevant dates emerging from the appeal:

RTI : 27.10.2020

FA

: 05.01.2021

SA

: 09.04.2021

CPIO : 26.11.2020

FAO : 03.02.2021

Hearing : 12.04.2023

CORAM:

Hon’ble Commissioner

SHRI SURESH CHANDRA

ORDER

(11.05.2023) 1. The issue under consideration arising out of the second appeal dated 09.04.2021 include non-receipt of the following information sought by the appellant through the RTI application dated 27.10.2020 and first appeal dated 05.01.2021:-

(i) Correspondence exchanged between Vigilance Deptt. and Disciplinary Authority before awarding punishment of dismissal to the appellant.

(ii) Name of his successor and period he worked there in Jaipur Regional Office.

(iii) Date of entry of Sri Bharat Bomb as customer of Bank and as a customer his first branch in Jaipur Region and name of authority, who verified his antecedents.

(iv) Date of assignment given to the firm M/s Nirmal Soni & Co. as concurrent auditors, and any other firm which was allotted as concurrent audit job, in which Sri Bharat Bomb was partner/sleeping partner and name of the authority who recommended and assigned the job to his company.

(v) Name of the incumbents who worked as head of Jaipur Region from time to time after entry of Mr. Bharat Bomb as chartered accountant in Bank and as customer of Bank.

(vi) Internal audit report and RBI audit report of Jaipur Region from My posting and posting prior to me in Jaipur Region as Head of Region i.e. from the period

01.O4.2010 to 23.02.2016 (vii) Copy of the Office Note of Personnel Department on the basis of which I was issued Transfer Orders from Jaipur Regional Office to Kolkata FGMO on 23.02.2016.

(viii) Copy of the Office Note of Personnel Department on the basis of which I was issued suspension order on 01.03.2016.

(ix) Copy of the Office Note of HO IRD on the basis of which he was issued Charge Sheet Ref. No. 132/PD/IRD/DA-3 dated 14.03.2017.

(x) Net profit during the period of the appellant’s service as head of the branch / Region during his service tenure, elaborated in the subsequent table.

2. Succinctly facts of the case are that the appellant filed an application dated 27.10.2020 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Syndicate Bank (now Canara Bank), Bengaluru, seeking aforesaid information. The CPIO vide letter dated 26.11.2020 replied to the appellant.

Aggrieved by the same, the appellant filed first appeal dated 05.01.2021. The First Appellate Authority (FAA) vide order dated 03.02.2021 disposed of the first appeal.

Aggrieved by that, the appellant filed second appeal dated 09.04.2021 before the Commission which is under consideration.

3. The appellant has filed the instant appeal dated 09.04.2021 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 26.11.2020 and the same is reproduced as under:-

“(i), (vi), (vii), (viii) & (ix). Information sought with respect to Office Notes/Internal communication are administrative in nature and correspondences exchanged between Vigilance Department and Disciplinary Authority are confidential communications and will disclose the personal identity of the officials who conducted or assisted in the investigation and further it is held in fiduciary capacity and does not have any relation to a public activity or public interest and is exempted under Section 8 (1) (e) of the RTI Act, 2005.

Further, copy of the transfer order, suspension proceedings and charge sheet is already available with you. Seeking the information which is already available with you is nothing but an attempt to put pressure on the employer for whatsoever be the reasons.

Furthermore, you has challenged the punishment imposed on you by filing a Civil Writ Petition CWP no. 28983/2019 before the Hon’ble High Court of Punjab and Haryana, Chandigarh as such it is sub-judice.

(ii), (iii), (iv) & (v). Inf

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