Central Information CommissionMukulika Mukherjee vs Idbi Bank Ltd. on 25 April, 2022Author:Suresh ChandraBench:Suresh Chandraके   ीय सूचना आयोग\n                               Central Information Commission\n                                    बाबा गंगनाथ माग,मुिनरका\n                                Baba Gangnath Marg, Munirka\n                                  नई द ली, New Delhi - 110067\nि तीय अपील सं या / Second Appeal No. CIC/IDBIL/A/2019/660512\nMukulika Mukherjee                                  ... अपीलकता/Appellant\n\n                                        VERSUS\n                                         बनाम\nCPIO: IDBI Bank,\nMumbai                                                       ... ितवादीगण/Respondents\n\nRelevant dates emerging from the appeal:\n\nRTI : 03.11.2019                 FA     : 02.12.2019            SA     : NIL\n\nCPIO : 30.11.2019                FAO : 07.12.2019               Hearing : 07.04.2022\n\n\n                                          CORAM:\n                                    Hon'ble Commissioner\n                                  SHRI SURESH CHANDRA\n                                         ORDER(22.04.2022)1.         The issues under consideration arising out of the second appeal dated NIL\ninclude non-receipt of the following information sought by the appellant through the RTI\napplication dated 03.11.2019 and first appeal dated 02.12.2019 :- "As per the attached file 3 officers of the Bank are facing trial in criminal charges\n           at district court Suri. As per the copy of IDBI serive Rules and also as per extant\n           guidelines of GOI/Honorable Supreme Court in this regard, the bank should not\n           have allowed the concerned officers to continue in Service till acquittal of all the\n           criminal charges from the concerned court.(i)      Why the competent Authority did not take any action against the concerned\n              officers as per the bank's service Rules and the reason for the violation of thePage 1 of 4established service rules. It is clearly mentioned that such officers to be placed\n               in suspension till honorably acquitted from the criminal charges.(ii)      Why the officers continue to be in service in violation of the Bank's extant\n               guidelines and why no disciplinary action initiated against them by the\n               concerned Authority."2.          Succinctly facts of the case are that the appellant filed an application dated\n03.11.2019 under theRight to Information Act, 2005(RTI Act) before the Central\nPublic Information Officer (CPIO), IDBI Bank, Mumbai, seeking aforesaid information.\nThe CPIO vide letter dated 30.11.2019 replied to the appellant. Aggrieved with the same,\nthe appellant filed first appeal dated 02.12.2019. The First Appellate Authority (FAA)\nvide order dated 07.12.2019 disposed of the first appeal. Aggrieved by that, the appellant\nfiled a second appeal dated NIL before the Commission which is under consideration.3.          The appellant has filed the instant appeal dated NIL inter alia on the grounds that\nreply given by the CPIO was not satisfactory. The appellant requested the Commission to\ndirect the CPIO to provide the complete information and take necessary action as perSection 20 (1)of the RTI Act.4.          The CPIO replied vide letter dated 30.11.2019 and the same is reproduced as\nunder:-"Information sought is in the nature of hypothetical question/seeking\n            opinion/clarification/reasoning/explanation which is not covered under the\n            definition of information underSection 2(f)of RTI Act, 2005."The FAA vide order dated 07.12.2019 upheld the reply given by the CPIO.5.          The appellant represented by husband and on behalf of the respondent Shri Sivesh\nKumar Jha, General Manager and CPIO, IDBI, attended the hearing through video\nconference.5.1.        The appellant's representative inter alia submitted that the respondent had not\nprovided correct and complete information. He argued that the competent authority hadPage 2 of 4not taken any action against the officers facing criminal charges at District Court, Suri.\nThe appellant further stated that the bank had allowed them to serve instead of waiting\ntill acquittal of the criminal charges from the concerned court. Further, the Commission\nhad advised in another case [CIC/IDBIL/A/2019/653753] that the respondent should act\nsympathetically and provide all information in such sensitive cases.5.2.   The respondent while defending their case inter alia submitted that the appellant\nhad sought reasons for action or inaction, if any, at their end and raised baseless\nallegations against the banking authorities. They further stated that they had taken all\nnecessary action as per the banking laws and could not act beyond their powers.\nMoreover, reply was already given to the appellant.6.     The Commission after adverting to the facts and circumstances of the case, hearing\nboth the parties and perusal of records, observed that due reply was given by the CPIO\non     30.11.2019.     Further,    the    appellant     referred       to   second     appeal\nCIC/IDBIL/A/2019/653753 wherein the appellant's husband had sought copy of ICC\nreport which was a specific document, hence, the respondent was directed to provide the\nsame. However, in the present case, the appellant had sought reasons in the form of\nquestionnaire which was not covered within the definition of "information" underSection 2(f)of RTI Act, 2005. That being so, there appears to be no public interest in\nprolonging the matter further. Accordingly, the appeal is dismissed.Copy of the decision be provided free of cost to the parties.Sd/-(Suresh Chandra) (सुरेश चं ा)\n                                                Information Commissioner (सूचना आयु )\n                                                                दनांक/Date: 22.04.2022\nAuthenticated true copy\n\n\nR. Sitarama Murthy (आर. सीताराम मूत )\nDy. Registrar (उप पंजीयक)\n011-26181927(०११-२६१८१९२७)\nAddresses of the parties:Page 3 of 4CPIO :1. The CPIO\nGM IDBI Bank Ltd IDBI\nTower, WTC Complex Cuffe\nParade Mumbai -400005\n\nThe First Appellate Authority\nIDBI Bank Ltd\nIDBI Tower, WTC Complex,\nCuffe Parade Mumbai-400005\n\nMUKULIKA MUKHERJEEPage 4 of 4