Investigation conducted following a complaint against the appellant

The appellant submitted that he had been serving as Branch Manager in the Vikas Nagar Branch (PNB) of Nainital for 6 years and a complaint was filed against him concerning a dishonored cheque. He further argued that an investigation was conducted in the complaint and despite being the aggrieved party, copy of the report was not shared with him. The PIO of Punjab National Bank submitted that an investigation was conducted in the complaint as per recommendation of higher authorities. However, the report contained details regarding certain commercial operations carried out by the respondent bank, hence, the report was denied to the appellant as per provisions under Section 8 (1) (d) of the RTI Act. The CIC observed that the information concerns the appellant and non-disclosure of the same would not only adversely affect the rights of the appellant being the aggrieved party, but would also amount to violation of principles of natural justice. While the exemption claimed under Section 8 (1) (d) of the RTI Act may be applicable to certain portions of the report, the PIO is at liberty to redact the said portions as per procedure of severability laid down under Section 10 of the RTI Act. The CIC directed the Bank to re-examine the matter and disclose a redacted copy of the averred report after blackening out details exempted under Section 8 and 9 of the RTI Act, if any, reflecting the broad outcome of the report to the appellant.

Comments

Ther have been many cases where an application has been filed under the RTI Act seeking copy of the investigation report. The application may be filed by the complainant, the accused or a third party and usually the public authority tends to deny the information.

Citation: Yogesh Kumar Goyal v. Punjab National Bank, Second Appeal No. CIC/PNBNK/A/2023/128777; Date of Decision: 06.11.2024

Dr Anuradha Verma (dranuradhaverma@yahoo.co.in) is a RTI Consultant currently working with IIM Vishakhapatnam. She has co-authored the books PIO’s Guide to RTI and Right to Information – Law and Practice. Her weekly article is being published since 2008 on this site. She offers consultancy on RTI matters and third party audit to individuals / organisations. Her other articles can be read at the website of RTI Foundation at the link https://www.rtifoundationofindia.com