Information about disciplinary proceedings was denied claiming it was interrogative - Respondent: The appellant had filed around 170 RTI applications in 8 months - CIC: Provide copy of the advice of the Vigilance Department to the Disciplinary Authority
8 Jun, 2016Date of Hearing : 27th April, 2016.
Date of Decision : 29th April, 2016
ORDER
1. The appellant, Shri S. Venkatachalam, submitted RTI application dated 05.06.2015 before the Central Public Information Officer (CPIO), State Bank of Hyderabad (SBH), Nizamabad sought to know whether his disciplinary proceedings case was vigilance case or non-vigilance case; if vigilance case, provide a copy of the advice of the Vigilance Department to the Disciplinary Authority (DA); copy of the letters from the Disciplinary Authority to the Vigilance Department seeking advice/tentative views of DA on the inquiry report to the Vigilance.
2. The CPIO vide letter dated 27.06.2015 denied information by invoking the provisions of Section 2(f) “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; of the RTI Act, 2005. Aggrieved with the decision of the CPIO, the appellant approached the first appellate authority (FAA) on 30.06.2015. The FAA vide order dated 14.07.2015 concurred with the decision of the CPIO.
3. Thereafter dissatisfied with the response of the respondents, the appellant approached the Commission through his appeal dated 27.07.2015.
4. The matter was heard by the Commission. The appellant stated that the information was denied by the respondents. The respondents stated that the information sought by the appellant was in interrogative in nature and hence did not fall within the definition of information as per Section 2(f) “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; of the RTI Act. The appellant was a dismissed employee of SBH, who was involved in a fraud to the tune of Rs. 2.69 crores by sanctioning agricultural advances against fake pattadar passbooks against the bank’s guidelines and norms. The appellant had filed around 170 RTI applications within a period of 8 months and was misusing the RTI Act. They stated that all the relied upon documents, establishing his involvement in the fraud as mentioned in the charge-sheet were provided to the appellant.
5. The Commission observes that even though the appellant had made queries but in point 2 and 3 he had clearly sought the copy of the advice of the Vigilance Department to the Disciplinary Authority and the copy of letter from the Disciplinary Authority to the Vigilance Department seeking advice. Yet, the respondents have treated it outside the purview of information as defined u/s 2(f) “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; of the RTI Act which is apparently not correct. The Commission directs the CPIO to provide information sought in points 1 and 3 of the RTI application within fifteen days of the receipt of the order of the Commission, keeping the provisions of the RTI Act, 2005 in view. Points 1 and 2 of the RTI application do not fall within the definition of ‘information’ as per Section 2(f) “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; of the RTI Act, 2005. The appeal is disposed of,
(Manjula Prasher)
Information Commissioner
Citation: Shri S. Venkatachalam v. State Bank of Hyderabad in Case No. CIC/MP/A/2015/001909