2023 Supreme(Online)(CIC) 2421
केीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमाग,मुिनरका
Baba Gangnath Marg, Munirka
नईदली, New Delhi – 110067
ितीयअपीलसंया / Second Appeal No. CIC/IDBIL/A/2021/653329
Kumudini Rajesh Khadatare
… अपीलकता/Appellant
VERSUS
बनाम
CPIO: IDBI Bank Ltd
Mumbai (Bandra)
…ितवादीगण/Respondents
Relevant dates emerging from the appeal:
RTI : 19.06.2021
FA
SA
: 10.11.2021
CPIO : 16.07.2021
FAO : 12.08.2021
Hearing : 17.02.2023
CORAM:
Hon’ble Commissioner
SHRI SURESH CHANDRA
ORDER
(05.04.2023) 1. The issue under consideration arising out of the second appeal dated 10.11.2021 include non-receipt of the following information sought by the appellant through the RTI application dated 19.06.2021 and first appeal dated Nil.
(i) Copy of compliance report or action taken report submitted by IDBI Bank to Department of Finance Services in compliance with the recommendationas/observations made by the Parliamentary Committee for Welfare of the Schduled Caste and Scheduled Tribes in para 4 of Chapter II in its 12 th report submitted in Lok Sabha on August 10, 2017.
(ii) Copy of extract of Board Resolution passed during th Board Meeting held on April 24, 2013 approving the relaxation in APAR eligibility criteria from 75% to 60% for each year under consideration for next 3 promotion years commencing from 2013-2014.
(iii) Whether bank had incorporated this changed criteria related to relaxation in APAR eligibility criteria from 75% to 60% in its promotion Policy issued in June 2013. If yes, copy of the same. If no, reason for the same.
(iv) Whether bank had advised its employees about the said changed APAR eligibility creteria through any circular or notification? If yes, copy of the same. If no, reason for the same.
2. Succinctly facts of the case are that the appellant filed an application dated 19.06.2021 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), IDBI Bank Ltd., Mumbai. The CPIO vide letter dated 16.07.2021 replied to the appellant. Aggrieved by the same, the appellant filed first appeal dated Nil. The First Appellate Authority (FAA) vide order dated 12.08.2021 disposed of the first appeal. Aggrieved by that, the appellant filed second appeal dated 10.11.2021 before the Commission which is under consideration.
3. The appellant has filed the instant appeal dated 10.11.2021 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 16.07.2021 and the same is reproduced as under:-
“Reply No 1,2, 3 & 4. You may obtain the information/document comprising of 26 pages, upon payment at the cost of Rs 2/- (Total Rs 52/-) in accordance with Rule 4 (a) of the Right to Information Rules, 2012 issued under Notification F.
No 1/35/2009-IR dated July 31, 2012.”
The FAA vide order dated 12.08.2021 upheld the reply of the CPIO.
5. The appellant and on behalf of the respondent Shri R.Venkata Iyyer, CPIO, IDBI Bank Ltd. Mumbai attended the hearing through video conference.
5.1. The appellant inter alia submitted that he had received the information in respect of point nos (i) and (ii) of the RTI application and was satisfied with the same. However, the respondent had not provided the information with respect to promotion policy issued in June 2013.
5.2. The respondent while defending their case inter alia submitted that the appellant had sought clarification regarding relaxation in APAR eligibility criteria for promotion for the years 2013-14 which was not available in material form. They further argued that the information was not covered within the definition of “information” under section 2 (f) of the RTI Act.
6. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of records, observed that the respondent replied vide letter dated 16.07.2021. During the course of hearing, it was informed by the appellant that the information against point nos. (i) and (ii) of the RTI application was received by her. It may be noted that the queries with respect to point nos. (iii) and (iv) of the RTI application were in the nature of seeking clarification. However, the appell