Central Information CommissionAshok Kumar Dhabai vs Union Bank Of India on 2 August, 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/UBIND/A/2020/689659\nAshok Kumar Dhabai                                   ... अपीलकता/Appellant\n\n                                       VERSUS\n                                       बनाम\nCPIO: Union Bank of India\nMumbai                                                     ... ितवादीगण/Respondents\n\nRelevant dates emerging from the appeal:\n\nRTI         :   24.07.2020        FA    : 13.09.2020         SA      : 19.10.2020\n\nCPIO :          22.08.2020        FAO : 17.09.2020           Hearing : 14.07.2022\n\n\n                                            CORAM:\n                                      Hon'ble Commissioner\n                                    SHRI SURESH CHANDRA\n                                           ORDER(03.08.2022)1.          The issue under consideration arising out of the second appeal dated 19.10.2020\ninclude non-receipt of the following information sought by the appellant through the RTI\napplication dated 24.07.2020 and first appeal dated 13.09.2020 :-(i)        "Certified copy of complaint made by one Mr. N.P.Rajwani with regard to the\n                accounts of M/s Executive trading co., Excel Metal processor, M/s Supama\n                Trading Pvt. Ltd. and M/s Asuti Trading Co., as being mentioned in the CVO\n                letter no. 3771 dated 03.10.2017 and address to Mr. Manish Tandon Advisor,\n                CVC New Delhi(ii)       Certified copies of replies submitted by the then Regional Manager, Mumbai\n                (South) and FGM, Mumbai in response to above complaint.Page 1 of 5(iii)   Certified copies of investigation report submitted by the investigating officers of\n        vigilance department, central office, Mumbai.(iv)    Certified copy of final report put up by the then CVO Shri Atul Kumar to\n        CMD/ED/General Manager HR with regard to above complaint.(v)     Certified copies of entire correspondence between Employee Relation Department\n        of HRMD vertical, CVO, Disciplinary Authority and IAC Committee.(vi)    Certified copy of entire letters / correspondence exchanged between the\n        disciplinary authority, CVO and CVC under Regulation 19 of the Union Banks of\n        India officer Employee (conduct) Regulations 1976 and CVC guidelines with\n        regard to first stage advice before issuing charge sheet dated 30.06.2017 and\n        thereafter.(vii)   Certified copy of the second stage advice, if received, from CVC for imposing\n        penalty upon me vide order dated 14/16-1-2018.(viii) Certified copy of all correspondence between CVC, CVO and Disciplinary\n        Authority.(ix)    Certified copy of the correspondence exchanged between Employee Relation\n        Department of HRMD vertical, CVO Disciplinary Authority and Appellate\n        Authority with regard to my Appeal.(x)     Certified copies of reference made to and advice received from CVC, if made\n        available to IA and diligent officer as mandated in CVC guidelines vide their\n        letter no. 99/VGL/66 dated 28.09.2000 and as per judgment in case ofState Bank\n        of India vs. D.C.   Agarwal. However, if same is not provided during or before\n        conduct of inquiry against diligent officer Ashok Kumar Dhabai, please provide\n        name and designation of Authority who , permitted such transgression with copy\n        of such order and reasons.(xi)    Please allow inspection of his complete Disciplinary proceedings and CVO file\n        pertaining to his case along with all correspondence, notings , comments etc."Page 2 of 52.     Succinctly facts of the case are that the appellant filed an application dated\n24.07.2020 under theRight to Information Act, 2005(RTI Act) before the Central Public\nInformation Officer (CPIO), Union Bank of India, Mumbai, seeking aforesaid information.\nThe CPIO vide letter dated 22.08.2020 replied to the appellant. Aggrieved by the same, the\nappellant filed first appeal dated 13.09.2020. The First Appellate Authority (FAA) vide\norder dated 18.09.2020 disposed of the first appeal. Aggrieved by that, the appellant filed\nsecond appeal dated 19.10.2020 before the Commission which is under consideration.3.     The appellant has filed the instant appeal dated 19.10.2020 inter alia on the grounds\nthat reply given by the CPIO was not satisfactory. The appellant requested the Commission\nto direct 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 22.08.2020 and the same is reproduced as under :-"Point no. 1 to 11 :As the information requested pertains to third party, the same is\n                   exempted under the provisions ofRTI Act. Hence, the same cannot be\n                   provided."The FAA vide order dated 17.09.2020 partly concurred with the view of CPIO and\nfurther directed the CPIO to forward the copy of vide letter OCPIO/Co/HR/20/R-533 dated\n22.8.2020 once again, on the request of appellant within 7 days of the date of disposal order.5.     The appellant's authorized person Shri Vinay Kumar Khanna attended the hearing in\nperson and on behalf of the respondent Shri A.K.Singh, CPIO and Shri Rahul Nahar, Law\nOfficer, Union Bank of India, Mumbai attended the hearing through video conference.5.1.   The appellant inter alia submitted that the respondent had not provided all documents\nrequested for in the RTI application. He further stated that the investigation report concerned\nthe appellant and punishment order was passed against the appellant in pursuance to that\nreport. Therefore, it was crucial that the requisite information be furnished to him.5.2.   The respondent while defending their case inter alia submitted that the appellant had\nfiled another RTI application dated 07.12.2018 with similar queries and the second appeal\n[CIC/UBIND/A/2019/640682] arising out of the same was heard and disposed of by thePage 3 of 5Commission on 04.10.2021. Therefore, they reiterated the reply given by the erstwhile CPIO\nand denied the information containing third party details 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 the queries raised in RTI application\nout of which second appeal [CIC/UBIND/A/2019/640682referred to above] arose, were not\nidentical with the issues in the instant RTI application. Perusal of the RTI application in this\ncase revealed that the appellant sought copy of investigation report submitted by the\ninvestigating officers of Vigilance Department, Central Office, Mumbai and related\ncorrespondences between Employee Relation Department of HRMD vertical, CVO,\nDisciplinary Authority and IAC Committee. These records formed relevant material which\nwas relied upon by the Disciplinary Authority while adversely dealing with the matter\nconcerning the appellant. Therefore, certain issues i.e. point nos (iii) and (v) of the RTI\napplication are distinguishable in this case. Moreover, the aforementioned points concerned\nthe appellant. Therefore, the principles of natural justice demand that the information in\nrespect of point nos (iii) and (v) of the RTI application, after redacting personal details of\nthird parties such as names, if any, may be redacted and be made available to the appellant\nwithin three weeks from the date of receipt of this order. With these observations and\ndirections, the appeal is disposed of.Copy of the decision be provided free of cost to the parties.Sd/-सुरेश चं ा)\n                                                              (Suresh Chandra) (सु        ा\n                                                                              सूचना आयु )\n                                                   Information Commissioner (सू\n                                                                    दनांक/Date: 03.08.2022\nAuthenticated true copy\n\nR. Sitarama Murthy (आर. सीताराम मूत )\nDy. Registrar (उप पंजीयक)\n011-26181927(०११-२६१८१९२७)\n\nAddresses of the parties:\nCPIO: UNION BANK OF INDIA,\n239, VIDHAN BHAVAN MARG,\nNARIMAN POINT,\nMUMBAI 400021Page 4 of 5FIRST APPELLATE AUTHORITY\nUNION BANK OF INDIA, 239, VIDHAN\nBHAVAN MARG, NARIMAN POINT,\nMUMBAI 400021\n\nSHRI ASHOK KUMAR DHABAIPage 5 of 5