Sec 8 (1)h of RTI Act

[A.V.Shanmugasundaram]

Sir,

I was Deputy Genl Manager of Indian Bank one of the Public sector Banks.
In the year 2000 Bank charge sheeted me for certain misonduct and asked me to appear before CENTRAL VIGILANCE COMMISSION. An inquiry was conducted and the CVC had informed the Bank that none of the charges are proved. But the Bank did not agree with the Inquiry authority's views and sent a recommendation to CVC which contents were not disclosed to me and the CVC in turn referred to their letter and informed the Bank that they agree with their recommendation for terminating my services.

Simultaneously, the Bank had given a complaint to Central Bureau of Investigation and the CBI had investigated and after completion of investigation they charge sheeted a group of persons including me.

I had filed a case against the Bank for redressal and payment of terminal benefits.

In this context, I made an application to the PIO for a copy of the letter they sent to CVC which was refused quoting RTI Act Sec 8 (1)h and the appeal was again made and the treatment was same.

The CVC in their circulars to Public sector Banks had informed that the second stage advice should be given to charges sheeted officers but on writing to the Bank they informed me that they will revert on their enquiry with CVC. They never replied and have only taken action.

I would like to know:
a. whether the Bank can take shelter under the subject section as investigation by CBI has been complete and a charge sheet has been filed.
b. As I not entitled to second stage advice sent by the Bank to CVC?
c.If I am eligible to whom I should make an application and kindly give me the address and the name of person to whom the attention is to be drawn.
d.Wether any fee is payable and if so how much?

Kindly clarify ASAP.

A.V.Shanmugasundaram.

[jps50]

Welcome to this portal. I enclose extracts from judgement of High Court of Delhi and decisions of CIC pertaining to section 8, which will be useful to you.

[wehelp]

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[taurus]

Mr. Shanmugasundaram, You have not clearly mentioned whether your services have been terminated or you are still in service. Presumably, your services have been terminated. In that case the matter is not under investigation departmentally. Since the court has also issued chargesheet, the CBI inquiry is also over. Therefore the info cannot be said to be capable of impeding the process of investigation. It is also highly unlikely that this info would impede the process of apprehension. But whether it would impede the process of prosecution is a moot point. That is also one clause in Sec 8(1)(h)! Anyhow you can make a first appeal to the AA, if you have not done so as yet. If you have already made the first appeal and got no reply within the time limit you may go for second appeal to CIC under Sec 19. You may also simultaneously make a complaint to CIC under Sec 18 to expedite matters.

[colnrkurup]

Mr.Shanmugasundaramm, Please give the dates of various activities to enable us to grasp the issue fully.

[jps50]

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