Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Online)(CIC) 7653

CENTRAL INFORMATION COMMISSION
Vinod Kumar Tiwari, Information Commissioner
Meenakshi Gupta – Appellant
Versus
CPIO, Senior Divisional Finance Manager, North-Western Railway, Ajmer Division – Respondent
CIC/NWRLY/A/2023/614284 | CIC/NWRLY/A/2023/614286 | CIC/NWRLY/A/2023/614799

Advocates:
For the Appellants/Petitioners: Arun Kumar
For the Respondents: Hemant Singh, Praveen Kumar Inani, Radheyshyam Chitara

RTI denials for public authority bank details invalid; no S.8 exemption for salary payments; mandates transfer and penalties.

Headnote:Under the Right to Information Act, 2005 (RTI Act), specifically S.5(4), S.6(3), S.8(1), S.19(8), and S.20(1)-(2), appellant sought bank account details (numbers, branches, IFSC codes) used by North Western Railway for salaries, contractor payments, fee deposits, and auctions. CPIOs denied information citing centralized systems (CIPS via RBI/Government Account) or third-party concerns, without transferring under S.6(3); FAAs upheld denials. Commission found denials flawed, as salary disbursements from public exchequer not exempt under S.8(1); directed updated point-wise responses and show-cause notices for penalties. Issues framed: Whether bank details are third-party information exempt under RTI Act; if CPIOs violated transfer obligations under S.6(3). Ratio: Blanket third-party denial invalid; public authority's payment accounts public; prior disclosure elsewhere mandates consistency; casual responses obstruct information flow, warranting S.20(1) penalties. Appeals disposed; CPIOs show-caused for maximum penalty under S.20(1); directed to provide updated information within 4 weeks using S.5(4).

Table of Content
1. rti queries denied citing centralization/third-party. (Para 4)

Information sought:

The Appellant filed an RTI application dated 25.11.2022 seeking the following information:

1. “Provide detail of Bank Account No, Branch Address, IFSC Code used for payment of Salary of Employee of NWR employee.

2. Provide detail of Bank Account No, Branch Address, IFSC Code used for payments to contractors for various payments.

3. Provide detail of Bank Account No, Branch Address, IFSC Code for purpose of deposit of Fee Amount collection from the candidates applied for various competition/jobs.

4. Provide detail of Bank Account No, Branch Address, IFSC Code used for purpose auction sale by the NWR.

5. By whom such account operated -whether all by single/same authority or by different authorities. Provide complete detail.”

The CPIO furnished a reply to the Appellant on 25.11.2022 stating as under:

“1,2,4,5. No. such Bank account operated in name of Sr.DFM/NWR/Ajmer Division. Information may kindly be sought from FA&CAO/NWR/HQ/, Jaipur, Office as the Bank Account is centrally operated by FA&CAO/NWR/Jaipur.

3. Doesn’t Pertain to this Office.”

Being dissatisfied, the appellant filed a First Appeal dated 03.12.2022. The FAA vide its order dated 12.12.2022, upheld the reply of the CPIO.

CIC/NWRLY/A/2023/614286

Information sought:

The Appellant filed an RTI application dated 25.11.2022 with the Respondent No. 2 seeking the following information:

1. “Provide detail of Bank Account No, Branch Address, IFSC Code used for payment of Salary of Employee of NWR employee.

2. Provide detail of Bank Account No, Branch Address, IFSC Code used for payments to contractors for various payments.

3. Provide detail of Bank Account No, Branch Address, IFSC Code for purpose of deposit of Fee Amount collection from the candidates applied for various competition/jobs.

4. Provide detail of Bank Account No, Branch Address, IFSC Code used for purpose auction sale by the NWR.

5. By whom such account operated -whether all by single/same authority or by different authorities. Provide complete detail.”

The CPIO furnished a reply to the Appellant on 05.12.2022 stating as under:

1. “Payment of Salary of NWR employees are made by CIPS (Centralized Integrated Payment System).

2. Payment to contractors for various payments are made by CIPS (Centralized Integrated Payment System).

3. Not pertains with this unit.

4. pertains with HQ.

5. Not pertains with this unit.”

Being dissatisfied, the appellant filed a First Appeal dated 06.12.2022. The FAA vide its order dated 19.12.2022, held as under:-

1. “In reference point no.1 & 2 various payments of Employees (Jodhpur Division) and Contractors are made by CIPS (Centralized Integrated Payment System). In CIPS payment system is not maintained by this unit, debit entries of various payments are received from HQ through Books adjustment (debit advice).

2. In reference point no.3 & 5 is Not pertains with this unit In reference point no.4 dealt by HQ.”

CIC/NWRLY/A/2023/614799

Information sought:

The Appellant filed an RTI application dated 25.11.2022 with the Respondent No. 3 seeking the following information:

1. “Provide detail of Bank Account No, Branch Address, IFSC Code used for payment of Salary of Employee of NWR employee.

2. Provide detail of Bank Account No, Branch Address, IFSC Code used for payments to contractors for various payments.

3. Provide detail of Bank Account No, Branch Address, IFSC Code for purpose of deposit of Fee Amount collection from the candidates applied for various competition/jobs.

4. Provide detail of Bank Account No, Branch Address, IFSC Code used for purpose auction sale by the NWR.

5. By whom such account operated -whether all by single/same authority or by different authorities. Provide complete detail.”

The CPIO furnished a reply to the Appellant on 08.12.2022 stating as under:

"प्रतिउत्तर मद से 01 से 05. आवेदक द्वारा मांगी गयी सूचना पक्षकार से सम्बंधित है जनसूचना अधिकार अधिनियम 2005 के तहत सूचना उपलब्ध करवाना प्रस्तावित नहीं है

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2024 Supreme(Online)(CIC) 7653

CENTRAL INFORMATION COMMISSIONVinod Kumar Tiwari, Information CommissionerMeenakshi Gupta – AppellantVersusCPIO, Senior Divisional Finance Manager, North-Western Railway, Ajmer Division – RespondentCIC/NWRLY/A/2023/614284 | CIC/NWRLY/A/2023/614286 | CIC/NWRLY/A/2023/614799

RTI denials for public authority bank details invalid; no S.8 exemption for salary payments; mandates transfer and penalties.

CENTRAL INFORMATION COMMISSION
Vinod Kumar Tiwari, Information Commissioner
Meenakshi Gupta – Appellant
Versus
CPIO, Senior Divisional Finance Manager, North-Western Railway, Ajmer Division – Respondent
CIC/NWRLY/A/2023/614284 | CIC/NWRLY/A/2023/614286 | CIC/NWRLY/A/2023/614799