Information regarding selection process for appointment of CMD in nationalized banks was denied u/s 8(1)(i); FAA did not pass any order - CIC: FAA cautioned to be careful in future and ensure adherence of prescribed time limit

 ORDER

1. The appellant Shri Harpal Singh Chaudhary submitted RTI application dated 02.01.2014 before the Central Public Information Officer (CPIO), Ministry of Finance, Department of Financial Services, New Delhi seeking information such as final tabulation sheet containing total marks granted individually by various interview board/committee members to the candidates in the rank of EDs of various public sector banks, who appeared for interview for the post of CMD in the year 2013; performance chart of each of the EDs tabulated for the purpose and presented before the interview board; details of maximum marks earmarked for performance and interview respectively; marks obtained by EDs for their performance and achievement as ED and also for interviews; names of Board/Committee members; complaints regarding irregularities in selection of new CMDs from among various EDs; details of media comments; whether appointments were withheld after receipt of complaints; whether any appointments were withheld for want of vigilance clearance etc. through nine points.

2. The CPIO vide letter dated 12.02.2014 denied information under the provisions of section 8(1)(i) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers: Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over: Provided further that those matters which come under the exemptions specified in this section shall not be disclosed; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers: Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over: Provided further that those matters which come under the exemptions specified in this section shall not be disclosed; of the RTI Act. Dissatisfied with the reply of the CPIO, the appellant filed an appeal on 08.03.2014 before the first appellate authority (FAA). The FAA had not adjudicated on appellant’s first appeal.

3. Thereafter the appellant filed the instant appeal before the Commission.

4. The matter was heard by the Commission. The appellant did not attend the hearing in spite of a notice of hearing having been sent to him. The respondents stated that the appellant had sought information relating to the selection process for appointment of CMD in nationalized banks during the year 2013. Since at the time of seeking information by the appellant, the process of appointment was not complete, the information denied under the provisions of Section 8(1)(i) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers: Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over: Provided further that those matters which come under the exemptions specified in this section shall not be disclosed; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers: Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over: Provided further that those matters which come under the exemptions specified in this section shall not be disclosed; of the RTI Act. The process of appointment is now complete and they will provide information to the appellant.

5. The Commission accepts the submissions of the respondents and directs the CPIO to provide point-wise information, keeping in view the provisions of the RTI Act, to the appellant within fifteen days of receipt of this order. The Commission observes that the FAA had not adjudicated on appellant’s first appeal and failed to discharge the statutory duty assigned to him under section 19(6) An appeal under sub-section (1) or sub-section (2) shall be disposed of within thirty days of the receipt of the appeal or within such extended period not exceeding a total of forty-five days from the date of filing thereof, as the case may be, for reasons to be recorded in writing. of the RTI Act. The FAA is hereby cautioned to be careful in future and ensure adherence of time limit prescribed under the RTI Act while disposing of appeals filed by RTI applicants. The appeal is disposed of.

(Manjula Prasher)

Information Commissioner

Citation: Shri Harpal Singh Choudhary v. Ministry of Finance in Appeal: No. CIC/MP/A/2014/001340