Monday, January 30, 2012

Details of Bank Recruitment through RTI Act



Details of Bank Recruitment through RTI Act
          [Compiled by J. P. Shah Cell 9924106490]
           
            Of late, large number of youths is appearing in bank recruitment exams and interviews. They are facing problem of accessing marks, answer sheets and details of recruitment etc from public sector banks. I append below RTI application and guidelines for accessing all relevant information of recruitment through RTI Act 2005.

Short guidelines:

01. Locate address of CPIO [Central Public Information Officer] of Head Office of the bank by visiting its website under RTI link. In case of following banks you can submit RTI application at any of the branches, since branch heads are designated as ACPIO. You can pay filing fee of Rs.10 in cash at the branch:

State Bank of India, Bank of India, Dena Bank, Canara Bank, Andhra Bank, Oriental Bank of Commerce, Central Bank of India, Punjab National Bank, State Bank of Travancore, State Bank of Mysore, State Bank of Hyderabad, Reserve Bank of India. IDBI Bank, State Bank of Indore, Union Bank of India.

02. In case of remaining banks RTI application should be sent by speed post or registered AD post to H.O

03. Alternatively, you can also deposit your RTI application for all public sector banks with Rs.10 at all district Head Post Offices, which will mail by registered post to concerned bank HO, under advice to you.

04. If you are sending by post, attach crossed postal order of Rs.10/- in favour of the bank payable at the place where you are mailing RTI.

05. Attach self-attested photocopies of hall ticket for written test and call letter for interview [if you have attended interview].

06. Retain photocopy of entire set. It will be required for appeals.

07. In case you have sent RTI by post, after a week of mailing track its delivery at www.indiapost.gov.in and download details of delivery on your computer or print it. Now speed post and registered post can be tracked at this site.

08. If you submit RTI application to branch or head post office, obtain dated acknowledgement from branch head/post master with seal and signature on photocopy of application.

09. In case if you receive intimation to pay other photocopying charges [Rs.2/-  per A-3 or A-4 size page etc], please pay the amount by postal order with covering letter and mail to CPIO by registered/speed post. Track this post as above and print/download details of delivery.

10. If you do not receive reply within 40 days of mailing/submitting by you, file first appeal. You have 30 days time from the date when information should have reached you, for filing first appeal. For first appeal please refer following  link: 


11. If you receive reply and are not satisfied with it, then within 30 days of receipt of reply by you, you should file first appeal by referring:

FIRST APPEAL GUIDE [CENTRAL]

FIRST APPEAL FORMAT [CENTRAL]:

12. You can lodge your appeal with the branches of banks mentioned at point No. 1 and also at head post offices or mail directly to Appellate Authority at HO [details on bank’s website in RTI link].

13. If you do not get proper reply despite first appeal, lodge second appeal within 120 days of mailing first appeal. You can efile at www.rti.india.gov.in.

14. It is advisable to consult local RTI NGO/activists or visit www.rtiindia.org for filing appeals.

15. RTI Act is applicable to only public sector banks, RBI and also to IDBI Bank. Private, foreign and coop banks are not under RTI.

_____________________________________________________________


Format for RTI Application for Bank Recruitment:

             
              THE RIGHT TO INFORMATION ACT 2005

                   APPLICATION FOR OBTAINING INFORMATION                             __________________________________________________________

Date:  _______                                                                   

To,
Central Public Information Officer
Name of Bank________________
H.O. Address: _____________
_______________________

1. Name of Applicant: ____________

2. Address:  _____________

Mobile No:  ____________  email ID [if any] _________________

3. Particulars of information required:

I had appeared in written test for recruitment for the post of ________ conducted in the month of _______, as per enclosed photocopy of hall ticket dated __________ . My roll No. was ________.

And

I appeared for interview at ________ place on _______ as per enclosed copy of call letter dated _________@

In this connection please provide me following information:

3.1 Paper-wise marks obtained by me in written test.

3.2 Certified photocopies of evaluated answer sheets of all papers.

3.3 Cut of marks in written test up to which candidates were called for interview.

3.4 Details of marks obtained in interview by me.@

3.5 Cut off total marks [written test + interview] obtained by the last candidate who is declared successful.@

3.6 Certified copy of merit list prepared for appointment.

3.7 Serial number in merit list up to which candidates have been actually appointed up to date of this application.

3.8 Number of candidates who have joined as on date of this application.

3.9 Permit me to inspect relevant records as above and obtain certified photocopies of required record.

[@delete if not called for interview ]

4. Payment of filing fee:

Cash of Rs.10/- is paid to branch head/ post master/ACPIO.

OR

Postal Order No. _____________for Rs.10/- is enclosed.

5. Please rush the information to me by speed/registered post. I am an Indian citizen. Please reply in English.

6. Kindly refer judgment dated 09-08-2011 of Hon’ble Supreme Court in Civil Appeal No.6454 of 2011 and other 7 writs.

Please do not destroy the requested record till finality of RTI process upto Information Commission and thereafter by way of writs, even if time stipulated under Public Records Act or record retention policy is over.

7. CIC has ordered banks in following decisions to procure information from IBPS and supply to RTI applicants:

No.2738 & 2739/ICPB/2008 dated   21-08-2008
No. CIC/SG/A/2011/000622/12595 dated 30-05-2011
No.CIC/SM/C/2010/000137 dated: 29-06- 2010
No. CIC/SG/A/2010/001372/8573 dated 16-07-2010


Signature of Applicant: _____________

Encl: a/a

Friday, January 27, 2012

INDIAN BANK ASSOCIATION -RTI INTERPRETATION


Date: 26-01-2012                                                                   By post

To,
Chief Advisor-Legal
Indian Banks' Association
World Trade Centre, 6th Floor
Centre 1 Building, World Trade Centre Complex,
Cuff Parade, Mumbai - 400 005

Dear Sir,

SUBJECT: RTI Act 2005 – Preservation of Records by Banks

I happened to peruse following paragraph on your website at

“8. Presentation of Records
All the public sector banks are advised to maintain records for 20 years as envisaged under the Right to Information act. Such requirement would be effective from the date the Right to Information Act has come into force, i.e. 15th June 2005. Such requirement will be applicable to all existing records not yet destroyed as also to the records created after the commencement of the Right to Information Act i.e. 15th June 2005.”

2. The above advice appears to have been given to banks by IBA based on section 8.3 of RTI Act which reads as under:

“Subject to the provisions of clauses (a), (c) and (i) of sub-section (1), any information relating to any occurrence, event or matter which has taken place, occurred or happened twenty years before the date on which any request is made under section 6 shall be provided to any person making a request under that section:

Where any question arises as to the date from which the said period of twenty years has to be computed, the decision of the Central Government shall be final, subject to the usual appeals provided for in this Act.”

3. In my humble opinion and that of other RTI activists, RTI does not have any bearing on Record Retention Policies and rules/schedules  framed therein of public authorities including banks, formulated under Public Records Act 1993. Aforesaid section 8.3 only mandates as under:

a. information falling under clauses other than a, c, and i of section 8.1 to be disclosed if information is older than 20 years as on date of RTI application.

b. Information falling under clauses a, c, and i of section 8.1 not to be disclosed even if it is older than 20 years as on date of RTI application.

This does not mean that public authority should maintain records for 20 years and more. Supply of information depends upon availability of records as on date of application.

4. You may refer CIC decision No. 37/ICPB/2006 dated 26-06-2006 which is available at http://cic.gov.in/CIC-Orders/Decision_26062006_5.pdf.                I reproduce relevant paragraph for your ready reference:

“5. Further, the public authority has erred in interpreting Section 8(3) of the Act to state that since some of the information related to the period prior to 20 years, the same need not be furnished.  Section 8(3) is part of Section 8, which deals with ‘exemption from disclosure of information”.  Section 8(1) specifies classes of information which are exempt from disclosure.  What Section 8(3) stipulates is that, the exemption u/s 8(1) cannot be applied if the information sought related to a period prior to 20 years except those covered in Section clauses (a), (c) and (i) of sub-section 8(1).  In other words, even if the information sought is exempt in terms of other sub-clauses of sub-section (1) of Section 8, and if the same relates to a period 20 years prior to the date of application, then the same shall be provided.  In the present case, since part of the information sought, even though related to a period prior to 20 years, relate to notifications, DGS&D is bound to furnish the same, if the same is available with it.  It is also stated by the CPIO that the information sought relates to policy matters not dealt with in the administration of the Directorate.  What the appellant seeks is only copies of the notification and, therefore, the question of the same being related to policy matter does not arise. “ [emphasis added]

5. The date of commence of section 8.3 RTI Act is 12-10-2005 and not 15-06-2005. It is 120th day from 15-06-2005.

6. I request you to review the issue in light of foregoing and revise advice to banks if deemed fit. This will save cost of retention of old records to banks.

Yours faithfully,


Tuesday, January 24, 2012

PER DECISION SALARY OF ICs OF CIC -- 2011


http://www.box.com/s/ikemq3as2ngmrb3m41jp

PER DECISION SALARY OF ICs OF CIC -- 2011


Name
Total No. of decisions in 2011
No. of decisions per month
Gross salary per month Rs. Jan 2011
ICs’ Salary per decision Rs.
CIC- SM
  2458
  205
  87500
427
IC-AD
  3977
  331
172500
521
IC-SG
  6223
  519
145500
280
IC-MLS
  2528
  211
  87500
415
IC-SS
  2856
  238
  87500
368
IC-DS
  3292
  274
  87500
319
Total
21334
1778
668000
376 average

Remarks:

1. Salary details are as per proactive disclosure by CIC on its website

2.  IC- SG is most cost effective, may be because he is not from govt background.

3. This is not cost per decision which may be much higher keeping in view total non-capital expenditure of CIC. It was Rs. 6754 for the year 2007-08. Now it could be any where between Rs.8000-9000 per decision due to price rise.

4. I had conducted detailed study for 2007-08 for CIC and few SICs and results are at: http://www.box.net/shared/ftj6fiajhm

24-01-2012




Sunday, January 22, 2012

List of Successful Decisions of Consumer Forums as of 20-01-2012 in RTI Cases



List of Successful Decisions of Consumer Forums as of 20-01-2012 in RTI Cases

Hon’ble District Consumer Dispute Redressal Forums as under have ordered supply of information and compensation to applicants of RTI Act 2005:

a. Decision dated 30.11.2011 of II Addl Bangalore in CC/1714/2011
b. Decision dated 19/05/2011 of Faridkot in  CC/102/2011.
c. Decision dated
09/11/2011 of Ludhiana in CC/ 662/2011.
d. Decision dated
25/03/2011 of Tuticorin in CC/59/2010.
e. Decision dated 29/04/2011of  Vizianagaram in CC/ 116/2010
f,  Decision dated 08/09/2011 of Mohali  in CC/249/2011
g. Decision dated 28.05.2009 of IInd Addl. Bangalore in CC/162/2009.
h. Decision dated 20/04/2010 of  Mandi, H.P in CC/14/2009.
i.  Decision dated
21/05/2009 of Mumbai South  in SMF/MUM/301/2009.
j.  Decision dated 24/05/2011 of  Nizamabad in CC/41/2010
k. Decision dated 29/11/2011 of Pune in F/564/2010
l.  Decision dated 07/01/2011 of Guntur in CC/204/2010
m. Decision dated 08/09/2011 of Mohali  in CC/249/2011
n  Decision dated 29/12/2011 of Salem  in C.C. NO.54/2011
o. Decision dated 03/02/2011 of Tuticorin in CC/57/2010
p. Decision dated 24/08/2011 of Medak in CC/10/2011
q. Decision dated 02/12/2010 of Nagpur Addl in CC No. 140/ 2010
[order in Marathi]
r  Decision dated 27/12/2010 of  Vizianagaram in CC/ 118/2010
s. Decision dated 21/01/2011of Vizianagaram in CC/ 124/2010
t.  Decision dated 11/05/2011of  Naupada in CC/ 08/2011
v, Decision dated 07/04/2011of  Coimbatore in CC/ 399/2010
 –com Rs.5000 + cost Rs.1000 [order is in Tamil ]

All orders can be accessed at http://164.100.72.12/ncdrcrep/













Saturday, January 21, 2012

CONSUMER COMPLAINT FOR RTI


                         

COMPLAINT

            BEFORE THE HON’BLE DISTRICT CONSUMER DISPUTES

                        REDRESSAL FORUM AT _______________

In RE: Consumer Complaint [C.C.] No. ______ of ______[ for office use]

In the matter of:

[Mention your name and address]……………..................................Complainant

Versus

[Mention designation of head of office /organisation and his address]

………………….................Opposite party No. 1

SPIO/CPIO [Mention office address of SPIO/CPIO]

 ........................................ Opposite party No. 2



Compaint under section 12 of The Consumer Protection Act 1986.

The complainant above named most respectfully showeth as under;

1. a. That the Complainant is a [mention your occupation e.g. Professor at ____ College or Manager of a private company or doctor having private practice etc]

b.That opposite party No. 1 is a [mention brief details of opposite party e.g.
Public Sector Bank having Head Office at ______or is a department of  Gujarat State Govt or University under Karnataka State law etc]

c. Opposite Party [OP] No. 2 is the SPIO/CPIO of OP No. 1

2. That brief facts of complaint are as under:

2.1 That the complainant had filed an application dated _______  under section 6.1 of The Right to Information Act 2005 [RTI Act for brevity], seeking certain information. It was received by the opposite party on or about [date]_______. Filing fee of Rs. ___ was paid through prescribed stamps/postal order. Photocopies of RTI application, postal receipt of mailing and acknowledgement are attached herewith.

2.2 That the SPIO/CPIO of the OP did not supply information nor replied within period of 30 days as mandated u/s 7.1 of  RTI Act  till filing of this complaint.

OR

2.2 That the SPIO/CPIO of the OP supplied incomplete / irrelevant / defective information vide his letter No. ______ dated _____ [photocopy enclosed]. Following are the defects in information supplied:

a. Information is supplied beyond period of 30 days mandated under RTI Act.

b. Inspection of record is not permitted though requested in RTI application.

c. Query wise deficiencies are attached herewith as per annexute to this complaint.

3. That thus there has been gross deficiency in service and / or supply of defective information by the opposite party. [delete inapplicable]

4. Complainant had served consumer notice dated ______ on opposite parties. Photocopies of notice, proof of mailing and acknowledgement are attached herewith.

5. The complainant is a consumer under Section 2(1) (o) of The Consumer Protection Act. Hon’ble National Consumer Disputes Redressal Commission in revision petition No. 1975 [in appeal No. 244/04 relating to complaint of Dr. S.P Thirumala Rao v/s Municipal Commissioner, Mysore] interalia decided on               28-05-2009, that applicant under RTI Act is a consumer under The Consumer Protection Act 1986. [copy is enclosed]

6. That Hon’ble District Consumer Dispute Redressal Forums as under have ordered supply of information and compensation to applicants of RTI Act 2005:

a. Decision dated 30.11.2011 of II Addl Bangalore in CC/1714/2011,
b. Decision dated
19/05/2011 of Faridkot in  CC/102/2011.
c. Decision dated
09/11/2011 of Ludhiana in CC/ 662/2011.
d. Decision dated
25/03/2011 of Tuticorin in CC/59/2010.
e. Decision dated 29/04/2011of  Vizianagaram in CC/ 116/2010
f,  Decision dated 08/09/2011 of Mohali  in CC/249/2011
g. Decision dated 28.05.2009 of IInd Addl. Bangalore in CC/162/2009.
h. Decision dated
20/04/2010 of  Mandi, H.P in CC/14/2009.
i.  Decision dated
21/05/2009 of Mumbai South  in SMF/MUM/301/2009.
j.  Decision dated 24/05/2011 of  Nizamabad in CC/41/2010
k. Decision dated 29/11/2011 of Pune in F/564/2010
l.  Decision dated 07/01/2011 of Guntur in CC/204/2010
m. Decision dated 08/09/2011 of Mohali  in CC/249/2011
n  Decision dated 29/12/2011 of Salem  in C.C. NO.54/2011
o. Decision dated 03/02/2011 of Tuticorin in CC/57/2010
p. Decision dated 24/08/2011 of Medak in CC/10/2011
q. Decision dated 02/12/2010 of Nagpur Addl in CC No. 140/ 2010
r  Decision dated 27/12/2010 of  Vizianagaram in CC/ 118/2010
s. Decision dated 21/01/2011of Vizianagaram in CC/ 124/2010
t.  Decision dated 11/05/2011of  Naupada in CC/ 08/2011

7. That this complaint is within the territorial jurisdiction of the Hon’ble Forum as the opposite parties have their offices  at the addresses mentioned aforesaid. Since the claim is valued at Rs. ________ it is within pecuniary  jurisdiction of this Hon’ble Forum.

8. That cause of action arose on _______, when said RTI application remained unreplied after completion of mandated time of 30 days.

OR on _______[date] when the complainant received defective information from SPIO/CPIO.

[delete inapplicable]

and cause of action also arose when OPs failed to respond to consumer notice dated ______ within time specified therein.

Thus this complaint is filed within limitation period of 2 years.

8. Complainant has filed first appeal on ______ with Appellate Authority of OP. Appellate authority has:

a. not replied to appeal till filing of this complaint  
OR b. upheld reply of SPIO/CPIO
OR  c. any other reason
[delete inapplicable]

9. Complainant has filed complaint / second appeal to State Information Commission / Central Information Commission on ________ and the same is pending as on date of filing of this complaint.

10. Complainant humbly submits that above commission will not look in to this matter from the point of view of deficiency in service or breach of consumer rights under The Consumer Protection Act 1986 and hence there is no bar of duplication.

11. That complainant humbly prays for following relief and directions:

a. The opposite party be directed to supply correct and complete information sought by the complainant. Inspection be also ordered as per RTI Act.

b.  The opposite party to pay Rs. 50000/- [ Rs. Fifty thousand only]  to the complainant for compensation for harassment, mental agony, delay, breach of consumer rights  and expenses of Rs. 1000/- etc.

c. Any other relief that this Hon’ble Forum be pleased to grant to the complainant to meet ends of justice.

11. That for the purpose of fees, the complaint is valued at Rs. 51000/-and accordingly postal order / bank pay order / demand draft No ________for Rs.100/- of ________Bank /post office is attached herewith.

12. That complainant also humbly invites kind attention of this Hon’ble Forum to important judgement dated 05-11-1993 of Hon’ble Supreme Court of India in Lucknow Development Authority V/s. M.K. Gupta [1994 AIR 787, 1994 SCC (1) 243, JT 1993 (6) 307, 1993 SCALE (4)370].

13. That complainant reserves the rights to add, amend and/or delete any grounds in this complaint as and when necessary.

At ___________[ Place]   _____day of _____ 20___


Complainant­­­­: ______________

                                       Verification:

I, the complainant above named, do hereby solemnly verify that the
contents of  above complaint are true and correct to  best of  my knowledge
and belief, no part of it is false and nothing material has been concealed therein.


Verified this _____ day of  _______ 20 __ at ________ [place]

Complainant: ___________

Affidavit

I ______________[full name]   age ___ years resident of ______ do hereby solemnly affirm and declare that as Complainant I am thoroughly conversant with facts and circumstances of the present case and I am competent to swear this affidavit. The facts contained in aforesaid complaint, contents of which are not repeated herein for sake of brevity may be read as an integral part of this affidavit and are correct and true to best of my knowledge and belief.

This _____ day of  _______ 20 12 at _________

Complainant: ___________



NOTARY






________________________________________________________________________


On separate paper:


D- list:

                                         COMPLAINT

            BEFORE THE HON’BLE DISTRICT CONSUMER DISPUTES

                        REDRESSAL FORUM AT _______________

In RE: Consumer Complaint [C.C.] No. ______ of ______[ for office use]

In the matter of:

[Mention your full name and address]……………..................................Complainant

Versus

[Mention designation of head of office /organisation and his address]

…………………...........Opposite party No. 1

SPIO/CPIO [Mention designation and office address of

SPIO/CPIO] ........................................ Opposite party No. 2



List of documents in support of complaint

[all photocopies]

Particulars                                                    Page No. from-to            


1.   RTI application dated _______                                 1 to ___

2.  Postal acknowledgement of delivery.

3. Mailing postal proof

4. Annexure of query-wise defects

5. Notice under CPAct 1986 dated   _______

6. Proof of mailing notice

7. Acknowlegement of delivery of notice

8. Reply dated _______ of SPIO/CPIO [if any]

9. Reply of first appeal [if any]

10. Copy of judgement dated 28-05-2009 of
hon’ble NCDRC in revision petition No. 1975
[in appeal No. 244/04 ]


Complainant


Short guidelines:

1. Please type on ledger paper in double space after making necessary changes to suit your case.

2. It has to be filed with Consumer Forum [Court] of the district where office of opposite party or spio/cpio is situated.

3. Attach papers as per D list and serially number on right hand top in a circle.

4. Filing fee up to claim of Rs.100000/- [Rs. One lac only] is Rs.100/- payable by postal order or bank pay order or demand draft in favour of “President, District Consumer Disputes Redressal Forum, _______ [place]” payable at the place where complaint is being filed.

5. Complaint has to be notarized.

6. Submit in original + 4 photocopies. Retain one set for your record.

7. Complaint has to be filed within 2 years of cause of action  as stated in complaint.

8 Please visit following websites for further guidance and addresses etc:



9. Non advocate friend who is well worsed in consumer and RTI can also represent or assist you at forum. You have to just give simple authority letter in his favour.

10. NCDRC decision dated 28-05-2009 mentioned at item No. 5 of complaint is posted at http://164.100.72.12/ncdrcrep/judgement/00RP197505.html

11. You can send completed set by post also or get it delivered at Forum through friend or relatative residing at place of Forum.

12. You may change amount of claim but Rs.50000/- would be reasonable.

13. Please also visit:

Additional Remedy

Consumer Notice
http://www.rtiindia.org/forum/blogs/jps50/1217-notice-under-consumer-protection-act-right-information-act.html


All the best.

J. P. Shah Junagadh [Gujarat] 09924106490