ORDER

(13.02.2023) 1. The issues raised in all the three appeals were identical. Therefore, it is felt desirable to pass common order in all three appeals.

1.1. The issue under consideration arising out of the second appeals dated

17.03.2021/17.04.2021 include non-receipt of the following information sought by the appellant through the RTI application dated 03.01.2021and first appeal dated

13.02.2021:- “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, against C.R.Goklani (EC 1027) as a PRIVILAGE DOCUMENT of the Bank. Information exist with PO Sri Nirmal Singh (EC 12368) 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 numberBUPGB/Enquiry/2225 dated 02/10/2020, in the enquiry proceeding dated 09/10/2020, against C.R.Goklani ( EC 1027 ) as a PRIVILAGE DOCUMENT of the Bank. Information exist with PO Sri Nirmal Singh ( EC 12368 ) 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, against C.R.Goklani ( EC 1027 ) as a PRIVILAGE DOCUMENT of the Bank. Information exist with PO Sri Nirmal Singh ( EC 12368 ) iv. Provide attested copy of each such official circular / document / letter issued by the erstwhile Head Office of the Baroda Uttar Pradesh Gramin Bank by which in between 01/4/2008 and 31/12/2020, 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. Information exist with PO Sri Nirmal Singh ( EC 12368)”

2. Succinctly facts of the case are that the appellant filed an application dated 03.01.2021 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 01.02.2021 replied to the appellant. Aggrieved by the same, the appellant filed first appeal dated13.02.2021. The First Appellate Authority (FAA) vide order dated 12.03.2021 disposed of the first appeal. Aggrieved by that, the appellant filed second appeals dated 17.03.2021/17.04.2021 before the Commission which is under consideration.

3. The appellant has filed the instant appeals dated 17.03.2021/17.04.2021 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 01.02.2021 and the same is reproduced as under :-

“(i to iii) You have neither enclosed the copy of concerned letter dated 02.12.2020 nor mentioned about the letter no. and date of denial letter of the Presenting Officer. As such, we are not able to provide you any information in this context.

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

The FAA vide order dated 12.03.2021 agreed with the reply given by the CPIO 5.