POSH compliance in public sector banks: CIC remands RTI appeal for 'fair hearing'

New Delhi, The Central Information Commission has remanded an RTI appeal to the Ministry of Women and Child Development for fresh adjudication, directing its first appellate authority to provide a fair hearing to the applicant seeking information on the implementation of the law against workplace sexual harassment in public sector banks.

The applicant, Chayan Ghosh Chowdhury, cited the Supreme Court's decision in Aureliano Fernandes vs State of Goa case and claimed that banks had failed to constitute Internal Committees as required under the Sexual Harassment of Women at Workplace Act, 2013.

He sought details of banks registered on the SHe-Box portal, annual returns submitted under the law, penalties imposed for non-compliance and court cases involving aggrieved women.

SHe-Box is the central government's online platform for registering and tracking complaints of sexual harassment at the workplace.

The applicant contended that the information provided by the ministry was incomplete and that he had not been given a hearing despite specifically requesting one in his first appeal.

The ministry maintained that it had provided the information available with it. It said the Department of Financial Services was the nodal department for the banking, financial services and insurance sector and advised the applicant to approach the public information officers of individual banks for specific details.

It also submitted that its division concerned did not maintain information on annual returns, penalties and litigation involving individual public sector banks in the consolidated form sought.

In a recent order, Information Commissioner P R Ramesh directed the ministry's First Appellate Authority to reconsider the appeal after allowing both parties to present their cases and issue a reasoned order.

The Commission noted that the ministry said the first appeal had been disposed of, but a copy of the order had not been placed on record.

"In these circumstances, the Commission is unable to verify the contents of the order stated to have been passed by the FAA or ascertain whether the Appellant's request for a personal hearing was considered," the order said.

The CIC said the first appeal should be decided through a reasoned order addressing the grounds raised by the applicant.

It clarified that it was not expressing a final opinion on the information sought or the adequacy of the ministry's response.

The appeal was remanded to the FAA for fresh adjudication after a fair hearing for both parties. The Commission also asked the Public Information Officer to submit a compliance report.

The applicant may file a second appeal under Section 19 of the RTI Act if dissatisfied with the FAA's decision.

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