Hi,
I have requested information under RTI act 2005 for the below mentioned questions and the Central Public Information Officer has denied the information . The replies are mentioned below. Kindly repond back how to proceed, if I need to make any changes to the way questions are being framed or should I go with appeal process. I needed this information as there is a false dowry case against me and my family members.
1. Kindly provide the copy of Code of conduct / Code of Ethics / Conduct Rules for XXXX Bank Employees employed in Bangalore, Karnataka.
Reply :Employee ( conduct ) regulations 1976 is for private circulation only which cannot be parted with general public. In this matter there is no larger public interest warrants disclosure. Hnce it is exempted from disclosure under Section 8 (1) (d) of RTI act.
2. Also provide the online website link where XXXX Bank Conduct Rules can be viewed / downloaded
3. Is it mandatory to take prior permission by XXXX Bank Employees for leaving station/headquarters? If yes what action can be taken if XXXX Bank Employees leaves the station without permission?
4. On occasions such as weddings, anniversaries, funerals or religious functions, when the making of gift is in conformity with the prevailing religious and social practice, a XXXXBank Employee may accept gifts from his near relatives or from his personal friends having no official dealings with him, but shall make a report to the Government, if the value of such gift exceeds certain value. Please mention the gift value, beyond which it is mandatory for XXXXBank Employee to report to its respective department.
5. No Government servant shall- (i) give or take or abet the giving or taking of dowry; or (ii) demand directly or indirectly, from the parent or guardian of a bride or bridegroom, as the case may be, any dowry. Explanation: - For the purposes of this rule, 'dowry' has the same meaning as in the Dowry Prohibition Act, 1961(28 of 1961). Does this conduct rule applicable to XXXXBank Employees especially to employees working in various departments in the cadre of Manager and above?
6. Under what section respective Department can take action against the XXXX Bank Employees who indulge in giving or abet in giving dowry? What action can be taken against such employees violating of the provision of Dowry prohibition Act, 1961?
7. Every Government servant belonging to any service or holding any post included shall submit an annual return in such form as may be prescribed by the Government in this regard giving full particulars regarding the immovable property inherited by him or owned or acquired by him or held by him on lease or mortgage either in his own name or in the name of any member of his family or in the name of any other person. Does this conduct rule applicable to XXXX Bank Employees especially to employees working in various departments in the cadre of Manager and above ? If yes, what action can be taken if XXXX Bank Employee doesn't disclose movable or immovable asset to his department?
8.. No Government servant shall, except with the previous knowledge of the prescribed authority, acquire or dispose of any immovable property by lease, mortgage, purchase, sale, gift or otherwise either in his own name or in the name of any member of his family. Does this conduct rule applicable to XXXXBank Employees especially to employees working in various departments in the cadre of Manager and above ? If yes what action can be taken if XXXX Bank Employee acquires immovable property without permission from his department and also not disclosing in his annual return to department?
9.. Where a Government servant enters into a transaction in respect of movable property either in his own name or in the name of the member of his family, he shall, within one month from the date of such transaction, report the same to the prescribed authority, if the value of such property exceeds twenty thousand rupees or as prescribed by State Government. Does this conduct rule applicable to XXXXBank Employees especially to employees working in various departments in the cadre of Manager and above ? If yes, what action can be taken if Government Employee acquires movable property without permission from his department and also not disclosing this transaction to his department?
10.. All transactions of both, immovable and movable property made out of the funds (including stree-dhan, gifts, inheritance, etc.) of the dependants of the Government servants, irrespective of the person in whose name the transaction is made should be reported in the following manner.
(a) Transactions in immovable property: These should be reported along with the Annual property return but in a separate form.
(b) Transactions in movable property: These should be reported immediately on completion or immediately after the Government servant comes to know of them.
Does this conduct rule applicable to XXXX Bank Employees especially to employees working in various departments in the cadre of Manager and above ? If yes, what action can be taken if Government Employee does not disclose any of such transaction to his department?
11.. A Government servant who transfers any immovable property or movable property exceeding value of Rs. 10,000 or as prescribed by XXXX Bank to a member of his family, should report or obtain sanction of the prescribed authority in accordance with Rule. Does this conduct rule applicable to XXXXBank Employees especially to employees working in various departments in the cadre of Manager and above ? If yes, what action can be taken if Government Employee does not disclose any of such transaction to his department?
12.. Whether a charge of corruption should be held in case the officer concerned is unable to account satisfactorily possession by himself or by any other person on his behalf of pecuniary resources or property disproportionate to his known sources of income? What is the punishment awarded to the officer in this case?
13.. "Pagri" charged by Government servants in renting their houses and flats - amounts to corruption. Does this conduct rule applicable to XXXXBank Employees especially to employees working in various departments in the cadre of Manager and above ? If yes, what action can be taken if Government Employee is indulged in taking "Pagri" from the tenant?
Reply ( questions 2-13) : I have carefully gone through the records and examining the request made by you under RTI act. It appears that you are attempting to elicit answers to questions in interrogative mannder. It is not open to an applicant to ask , in the guise of seeking information, questions to the public authorities about the nature and quality of their action. The information sought by you is not covered by section 2(f) of the RTI act. Keeping in view of the fact that the request of the applicant is not clearly defined in terms of section 2 (f) of RTI act. I have no option but to reject this application.
