ORDER

(13.02.2023) 1. The issue under consideration arising out of the second appeal dated 17.03.2021 include non-receipt of the following information sought by the appellant through the RTI application dated 25.11.2020. and first appeal dated 22.01.2021:-

i. Provide attested copy of each such official rule of the Bank, following which Presenting Officer Sri Nirmal Singh ( EC 12368 ) had officially denied to provide Copy of the ( QRC ) Qualified Rectification report , point number ( 18 ) defense document as requested by letter number BUPGB/Enquiry/2225 dated 02/10/2020, in the enquiry proceeding dated 09/10/2020, as a PRIVILAGE DOCUMENT of the Bank.

ii. Provide attested copy of each such official rule of the Bank, following which Presenting Officer Sri Nirmal Singh ( EC 12368 ) had officially denied to provide Copy of the Inspection Report of Inspection dated 01/9/2017 , point number ( 20 ) defense document as requested by letter number BUPGB/Enquiry/2225 dated 02/10/2020, in the enquiry proceeding dated 09/10/2020, as a PRIVILAGE DOCUMENT of the Bank.

iii. Provide attested copy of each such official rule of the Bank, following which Presenting Officer Sri Nirmal Singh ( EC 12368 ) had officially denied to provide Copy of the ( CRC ) Clean Rectification Report for Inspection dated 23/8/2016 , point number ( 21 ) defense document as requested by letter number BUPGB/Enquiry/2225 dated 02/10/2020, in the enquiry proceeding dated 09/10/2020, as a PRIVILAGE DOCUMENT of the Bank.

iv. Provide attested copy of each such official document letter issued by the erstwhile Head Office of the Baroda Uttar Pradesh Gramin Bank by which in between 01/4/2008 and 31/3/2020 complete list of all the PRIVILAGE DOCUMENTS declared by the Bank, had officially been circulated, among the offices and the branches of the Bank for the purpose of Departmental Enquiry proceedings within the Bank.

v. Provide attested copy of each such official document from the official record of the Bank by which this was decided by the CPIO office of Head Office that if the Information as requested on the point number (i)(ii)(iii)(iv)(v) of this RTI application is provided to the RTI applicant C.R.Goklani, this would IMPEDE the process of investigation.

2. Succinctly facts of the case are that the appellant filed an application dated 25.11.2020 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Baroda U.P Bank, Gorakhpur , seeking aforesaid information.

The CPIO vide letter dated 24.12.2020 replied to the appellant. Aggrieved by the same, the appellant filed first appeal dated 22.01.2021. The First Appellate Authority (FAA) vide order dated 20.02.2021 disposed of the first appeal. Aggrieved by that, the appellant filed second appeal dated 17.03.2021 before the Commission which is under consideration.

3. The appellant has filed the instant appeal dated 17.03.2021 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 24.12.2020 and the same is reproduced as under :-

“( i to iii) You have neither mentioned the name of delinquent official against whom the enquiry proceeding dated 09.10.2020 was held nor enclosed the copy of concerned letter dated 02.10.2020. As such, we are not able to provide you any information in this context.

(iv) You have not mentioned the letter no. and date of issue of concerned letter. As such, we are not able to provide you any information in this context.

(v) The desired information relates to future events/hypothetical situation and as such does not fall within the definition of information under sec.2(f) of RTI Act-2005”

The FAA vide order dated 20.02.2021 agreed with the reply given by the C