Upgrad LLM

ibps not responding to rti while giving excuse of writ filed


Hello everyone...

This question is regarding matter of recruitment in public sector banks. IBPS is the organisation designated by 21 public sector banks to conduct examinations and undergo recruitment process. But as a number of flaws are ususally suspected and there is lack of transparency, candidates choose to file RTI to get information regarding recruitment process. But as RTI is self financial Institute etc, it does not agree to be a public authority. But despite of these excuses, CIC had declared IBPS Public Authority and was declared to be liable to provide information under RTI in decision of File Nos. CIC/SM/A/2010/000873, CIC/SM/C/2009/000200, CIC/SM/C/2010/000655, 000903, 001190, 000897, 001192, 000921, CIC/SM/C/2011/000344, 000459, 000348, 000253, 000274, 000355, 001141, 001123, 000566 dated 13/01/2012 and declared that

""The IBPS has been delegated an exclusive power/permission for conducting Common Recruitment Programme for recruitment of both Clerks and Officers in Public Sector Banks on behalf of Government of India in its letter no. 10/30/1/2010IR dated 20 September 2010, thus making the IBPS an “Agency” which operates ONLY under the authority/control of the Central Government to carry out such recruitment programmes in Public Sector Banks. This makes the IBPS a Public authority within the meaning of Section 2 (h) (i) of RTI Act, 2005. Therefore, the IBPS has an obligation of being transparent to the citizens of the country in discharging public function of recruitment of both Clerks and officers in Public Sector Banks all over India and, hence in line with the Preamble of the RTI Act read with Section 2 (h) (i), it is required to discharge its obligations under Section 4 and Section 6 of the RTI Act.""

but inspite of this decision, IBPS always escapes itself for providing information under RTI. Now again recruitment process was made by IBPS and a huge flaw is suspected so RTI was filed by me as well as many other candidates but now IBPS refused to provide information under RTI giving new excuse that :

we have to inform you that in a writ petition filed by IBPS in Delhi High court, the issue as to whether or not IBPS is a public authority, covered under RTI act is pending & the matter is subjudice. In view of order passed by Delhi high court the institute has not appointed any CPIO & is therefore unable to respond to your request for furnishing the required information and therefore regrets its inability to do so.

so my question is

  • whether there is any such condition that if case is pending than information would not be provide, and
  • other thing is that if no transparency had to be maintained than why public sector banks uses IBPS as mediator/agent for recruitment process and
  • whether is it possible to file Public Interest Litigation for the said matter and would it be feasible to file PIL??

 

(IT is worthy to mention here that i had tried to find case in Delhi High court for IBPS vs CIC and have found only one case W.P. (c) 1384 (2012) )

Please help as this matter is related to recruitment of App 50,000 posts in public sector banks and may disclose huge fraud in recruitment process and is related to carrier of many candidates..

Thanking in advance..



Attached File : 140758488 001.jpg, 140758488 ibps is a pa under rti.pdf downloaded 1403 times
 
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Advocate

When an investigation, or inquiry is pending before the police, or criminal trial is pending before the court, the information may be denied. Pendency of writ petition before the High Court is not an excuse. File an appeal.


Total likes : 1 times

 
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FIN

You had initiated a thread citing issues with SBI, IBPS.

It is vaguely remembered that HC had decided in favor of employees and SBI had moved SC.

Kindly update the status in the thread inititaed by you and other employees. 

 

--------The cited judgment order of Delhi High Court may be obtained and examined by the experts.

 

-------Supreme Court of India

Centrlal Board Of Sec.Education & ... vs Aditya Bandopadhyay & Ors. on 9 August, 2011

http://indiankanoon.org/doc/1519371/?type=print

 

Conclusion

38. In view of the foregoing, the order of the High Court directing the examining bodies to permit examinees to have inspection of their answer books is affirmed, subject to the clarifications regarding the scope of the RTI  54

Act and the safeguards and conditions subject to which `information' should be furnished.          

 

 

“As this judgement has dealt with various examination conducting bodies including the Public Service Commissions, universities, CBSE and other boards, professional bodies like ICAI, the directive will apply to every examination conducted by any institution in India”

 

 

--------Supreme Court of India

Poonam Rani @ Poonam vs State Of Haryana & Anr. on 1 May, 2012

 

 

While the examining body claimed the answer sheet has been destroyed, the hon’ble court ordered fresh examination.



Attached File : 140764534 answer sheet distroyed fresh examination ordered poonam rani @ poonam vs state of haryana & anr. on 1 may, 2012.pdf, 140764534 sc allowas disclosure of answer sheets to examinee under rti.doc downloaded 289 times
 
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assistant manager

ashu garg same here , first of all hats off to your sincere efforts.I too tried to get information through RTI regarding IBPS

PO 2 but same same reply i recieved as you get.I don't understand when they are recruiting PSB's officers & clerks how they are not public authority!PSB's are government undertaking ,may be not fully but more than 50 % stake is of government how can they claim not being public authority.The money on which operation of this organization runs are of  common tax payers money how come they did not fall under this catagory.Sign of huge consipiracy can't be denied.I am also thinking on filing a PIL.

 
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@kumar doab::

sir i think there is confusion as no such thread was earlier posted..

secondly the main question is regarding whether there is actually condition as excuse given by IBPS in their reply? (letter already attached) and whether it would be feasible to file a PIL or not?

 

@prafulla:: yes!!there could be a huge conspiracy for sure as at no where IBPS is ready to be transparent and moreover after decision of CIC, IBPS have challanged CIC decision in high court and is again avoiding RTI implementation. This could be a part of ongoing national corruptions cum scams. Same questions usually arose in my mind that if IBPS is not responsible and if there is no accountability than why goverment undertaking banks are using IBPS as mediators or agents...

 
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