In 2008 release of adhoc promotion was given to me as per the Judgement in Writ no. 1614 of 2008 and I was given the copy of the note approved by CMD as information sought under RTI. Now on getting acquitted in 2014 the Bank did not release the promotion held in sealed cover since 1993 as per the set procedure which was against the judgment of 2008. This forced me to file a Contempt of Court writ in October, 2015 which is pending for hearing. Threatened by the said Writ, the Bank released the promotion in 2017 . AsIi feel it has not followed the set procedure while doing so, as well as not addressed my demand for further promotions denied to me I had filed a query under RTI as under and got the reply as mentioned. As i feel it is wrong I want to submit my first appeal. Kindly help me in drafting the same.
I have been informed vide letter dated 03.02.2017 that I have been considered for promotion to MMG Scale II. In this regard please let me have the following information/document.
01. The designation of the authority who have approved the release of the said promotion.
02. The date of the note put up to the said authority.
03. The date on which the said note was approved.
04. Please let me have the copy of the said note as approved by the authority.
The applicant was informed vide letter bearing no. DB/HRM/Legal/HC/665/706/2017 dated 03.02.2017 that in compliance of the order dated 01.10.2008 passed in the writ petition no. 1614 of 2008 filed by the applicant against the Bank, before the HonÂ’ble High Court of Mumbai, the competent authority has considered his promotion to MMG Scale II , w.e.f 12.04.1993 and sanctioned the arrears of saary and allowance w.e.f 12.04.1993 till date of his retirement 31.03.2010.
The other details are confidential in nature and can not be parted with the applicant.
Further, in the case of Dr.K.C.Vijayakumaran Vs. Department of Post, being an employee of the respondent, is a part of the information provider. Under the RTI act, the employees are not expected to question the decision in the barb of seeking information.
In the instant case , the applicant is an ex-employee of the Bank. The extract of the the judgement passed by CIC is attached herewith.