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File notings regarding appointment of chairperson SBI to be disclosed under RTI


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CIC has ordered the disclosure of file notings related to the appointment of the chairperson of SBI, since the appointment process is now over.

 

Earlier, CPIO and FAA denied it citing Sec 8(1)(i).

 

Full order is attached to this post.

 

===============

 

NOTE: Here is the link to the decision:

 

http://www.rti.india.gov.in/cic_decisions/CIC_MP_A_2014_000465_M_144849.pdf

 

(sorry, the webpage is not opening now).

 

 

 

 

ORDER

 

1. The appellant, Shri G Nageswara Reddy, submitted RTI application dated 17 October 2013 before the Central Public Information Officer (CPIO), Department of Financial services, New Delhi; seeking information regarding the relevant File Notings of the appointment of Smt. Arundhati Bhattacharya as chairman, SBI on 7.10.2013 vide notification F.No:2/5/2013BOI.

 

2. Vide reply dated 18 November 2013, the CPIO denied the information u/s 8(1)(i) of the RTI Act, 2005 as the information sought for was part of ‘cabinet paper’. Not satisfied with the CPIO’s reply, the appellant preferred an appeal dated 26 November 2013 to the first appellate authority (FAA) stating that as the Appointment Committee of the Cabinet (ACC) had already decided the matter and the aforesaid decision has already been implemented on 7.10.2013, the cabinet papers could no longer be held back in accordance with the provisions of Section 8(1)(i) of the RTI Act, 2005. Vide order dated 31 December 2013, the FAA, however, upheld CPIO’s decision.

 

3. Dissatisfied with the response of the public authority, the appellant preferred appeal before the Commission.

 

4. The matter was heard by the Commission. The appellant was not present during the hearing. The respondent submitted that the appellant vide his RTI application dated 17.10.2013 had sought copy of file notings of the appointment of Smt. Arundhati Bhattacharya as chairman, SBI which was part of the proposal to be placed before the Appointments Committee of the Cabinet which they had denied under the exemption given u/s 8(1)(i) of the RTI Act, 2005. The FAA had also upheld the decision of the CPIO.

 

5. During the hearing, the respondents stated that the selection process had been concluded and therefore, they will be able to provide the information sought by the appellant.

 

6. In view of the above, the Commission directs the respondent to furnish the information sought for to the appellant by 31st December 2014 keeping in view the provisions of the RTI Act, 2005 & RTI Rules, 2012. The appeal is disposed of.

 

(Manjula Prasher)

Information Commissioner

 

Citation: Shri G Nageswara Reddy v. Department of Financial services in Appeal No. CIC/MP/A/2014/000465

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