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2024 Supreme(Online)(CIC) 5217

CENTRAL INFORMATION COMMISSION
ANANDI RAMALINGAM, J
BINDU MAURYA – Appellant
Versus
State Bank of India – Respondent
CIC/SBIND/A/2023/622724



The RTI Act mandates accurate and complete information disclosure, and the absence of the appellant limits the ability to contest the provided information.

Headnote:

RTI - Information Disclosure - RTI Act - Sections 6, 19 - The court upheld the CPIO's response as compliant with the RTI Act, emphasizing the importance of complete and accurate information provision under the Act.

Fact of the Case:

The Appellant filed an RTI application seeking information regarding salary and emoluments after voluntary resignation. Dissatisfied with the CPIO's response, the Appellant filed a First Appeal, which was upheld, leading to a Second Appeal to the Commission.

Finding of the Court:

The Commission found that the CPIO provided an appropriate response as per the RTI Act and noted the Appellant's absence during the hearing, leading to a dismissal of the appeal.

Issues: Whether the CPIO's response to the RTI application was complete and satisfactory under the provisions of the RTI Act.

Ratio Decidendi: The court concluded that the CPIO's response was adequate and that the Appellant's absence limited the scope for intervention.

Final Decision: The appeal is dismissed.

O R D E R

1. The Appellant filed an RTI application dated 26.01.2023 seeking information regarding Bindu Maurya, MMGS-II, PF 5600995 have voluntary resigned from Bank services w.e.f. 24.06.2020 from Korwa Branch.

 “Please refer to your reply in response to my complain DEABD/E/2022/21382 dated 20.03.2022 and subsequent reminders (40774, 45109 ,53611 ,58658 ,60252, 63082 ,70837 ,89359 ,100148 ,101817 and 103558) on pending/unsettled issues cited in 21382 on the following points:-

A. Payment of Salary for Notice Period – 25.03.2020 to 24.06.2020 (Manually calculated and paid on 31.01.2022).

i. Kindly advise the reasons for Non-payment of salary of 7 days in the month of March, when, there was no absence in the full period.

ii. Kindly advise the rationale/ reasons for non-payment of HRA for the entire period.

B. XI BPS arrears for period of salary (Manually calculated and paid on 31.01.2022).

Kindly advise the rationale/ reasons for non-payment of HRA for the entire period.

C. Emoluments for 01 July 2019 and 07-11 March 2020 i. Kindly advise the reasons for wrong debit of Leave for 01 July 2019.

ii. In terms of point 1, if the leave debited was wrong, kindly advise How and when the employee was compensated for wrong debit of Leave.

iii. Salary for the period 07 march to 11 March 2020 have been paid @ old basic in December 2020. Kindly advise when XI BPS arrears in this respect can be paid.

2. The CPIO replied vide letter dated 23.02.2023 and the same is reproduced as under:-

“Point A – Payment of Salary for Notice period 25.03.2020 to 24.06.2020 (Manually calculated and paid on 31.01.2022)

i. Payment has been made as per available data.

ii. Answered already in RTI-SBILW/R/E/22/000765 Dated 09.09.2022.

Point B - XI BPS arrears for period of salary (Manually calculated and paid on 31.01.2022).

i. Information not complete.

Point C - Emoluments for 01 July 2019 and 07-11 March 2020 i. Answered already in RTI-SBILW/R/E/22/000765 Dated 09.09.2022. ii. Answered already in RTI-SBILW/R/E/22/000765 Dated 09.09.2022.

iii. Information not complete.”

3. Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 25.02.2023 alleging that the information provided was incomplete, false and misleading. The FAA’s order dated 23.03.2023 upheld the reply of CPIO.

4. Aggrieved with the FAA’s order, the Appellant approached the Commission with the instant Second Appeal dated 07.04.2023.

5. The appellant remained absent and on behalf of the respondent Shri Anand Chauhan, Chief Manager, attended the hearing through video conference.

6. The respondent while defending their case inter alia reiterated the erstwhile CPIO’s reply dated 23.02.2023.

7. The Commission after adverting to the facts and circumstances of the case, hearing the respondent and perusal of records, observes that the CPIO has provided an appropriate reply to the RTI Application as per the provisions of the RTI Act. Further, in the absence of the Appellant to plead her case or contest the CPIO’s submissions, the Commission finds no scope of intervention in the matter. Accordingly, the appeal is dismissed.

Copy of the decision be provided free of cost to the parties.

 

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