Respondent: The appellant mentioned the incidents & on the basis of these incidents, he had asked hypothetical questions seeking guidelines which permit these incidents to happen - CIC: These queries did not fall within the ambit of information u/s 2(f)
19 Aug, 2016ORDER
1. The appellant, Shri Sham Sunder, submitted RTI application dated 24.02.2015 before the Central Public Information Officer (CPIO), Punjab National Bank, New Delhi stating that in the quarterly result as on 30.09.2014 the bank had shown MSME advance as Rs. 79019 crore, bifurcation of MSME advances were shown as 25282 to MICRO Enterprises and Rs. 62655 to MICR and Small. The total of both exceeds the PS advances and sought copy of guidelines/rules depicting therein that bifurcation of PS advances can exceed the total MSME advances; copy of guidelines empowering the authority to dispose e-waste scrap in local market; copy of guidelines empowering the authority to sanction fresh loan for the interest amount levied in the account of Sandhu Poultry & Layers farm at Mandi Ahmedgarh branch; copy of guidelines issued to circle for identification and posting of special assistant; copy of guidelines empowering authority to reject the leave of official on the ground that the leave could only be sanctioned for the day of election and not for the journey period; copy of guidelines empowering authority to deny the leave on the ground of not availing leave copy of guidelines empowering the authority not to consider the request of the official to convert the already sanctioned leave into special leave by submitting proof for sanction the leave; copy of guidelines depicting that the officer in scale III entitled for undertaking the journey by air in case the journey exceed 1000 KM by shortest route; copy of guidelines empowering the competent authority to permit handicapped employee to use his own vehicle for bank business; copy of record of Mega Camp organized under PMJDY by Ferozepur branches; number of account opened under PMJDY by Ferozepur branches; etc. through sixteen points.
2. The CPIO vide letter 19.03.2015 provided information on points 1, 4, transferred points 11 to 16 to the CPIO, PNB, Circle Office, Bhatinda and denied information on point 5 to 10 and 17 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 and on points 18 and 19 the points as these were not legible. Aggrieved with the reply of the CPIO, the appellant filed an appeal on 03.04.2015 before the first appellate authority (FAA). The FAA vide order dated 19.05.2015 concurred with the decision of the CPIO.
3. Thereafter, aggrieved with the reply of the respondents, the appellant filed the instant two identical appeals before the Commission both dated 10.06.2015 stating that the information was denied on incorrect grounds and CPIO, PNB, Circle Office Bhadinda had not provided any information.
4. The matter was heard by the Commission. The appellant vide his e-mail dated 4.3.2016 requested the Commission to decide his appeal in his absence on merits. The respondents stated that as regards information sought at points 1 the clarification of compilation of figures was explained to the appellant. As far as the copy of guidelines of RBI dated 1.1.2014 was concerned, the same was available on the website of RBI; on points 5 to 10 and 16 the appellant had mentioned the incidents and on the basis of these incidents he had asked hypothetical questions and sought the guidelines which permit these incidents to happen. These queries did not fall within the ambit 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. They had transferred points 11 to 16 to the CPIO, PNB, Circle Office, Bhatinda as the information related to that Circle Office; complete information regarding identification and posting of Special Asstt. was provided in circular No. 14 dated 29.12.2014 a copy of the circular had been provided to the appellant in response to point 4; the information sought on point 17 was not specific and clear. However, the guidelines for LTC were available at internal website of the bank which was accessible to the appellant. The information sought by the appellant at points 18 and 19 were not legible. However, on the basis of his appeal it appeared that these were quoted as incidents and reasons asked for lapses as alleged and 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, 2005.
5. Having considered the submissions of the respondents and perused the relevant documents in the file, the Commission holds that on a number of the points the appellant had sought hypothetical information which did not fall within the ambit 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, 2005. The information as per available records and disclosable under the RTI Act had been provided by the respondents PNB, New Delhi. The CPIO, PNB, Circle Office, Bhatinda is directed to provide point-wise reply on points11 to 16 of the RTI application within two weeks of receipt of the order of the Commission, if not already provided. The appeal is disposed of.
(Manjula Prasher)
Information Commissioner
Citation: Shri Sham Sunder v. Punjab National Bank in Case No. CIC/MP/A/2015/001426 and Case No. CIC/MP/A/2015/001429