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CIC Sends Back RTI Appeal Over POSH Compliance in Public-Sector Banks
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CIC Orders Fresh Hearing on RTI Appeal
The Central Information Commission (CIC) has remanded a Right-to-Information (RTI) appeal to the Ministry of Women and Child Development for fresh adjudication. Information Commissioner P R Ramesh directed the ministry’s First Appellate Authority (FAA) to allow both parties to present their arguments and to issue a reasoned order. The commission noted that the ministry had not produced a copy of the earlier FAA order, making it impossible to verify whether the applicant’s request for a personal hearing had been considered.
Background on POSH Requirements and the Applicant’s Claim
Applicant Chayan Ghosh Chowdhury cited the Supreme Court’s decision in *Aureliano Fernandes vs State of Goa* and alleged that public-sector banks had not constituted Internal Committees as mandated by the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH). He sought:
- a list of banks registered on the SHe-Box portal (the government’s online platform for workplace sexual-harassment complaints);
- copies of annual returns filed under POSH;
- details of penalties imposed for non-compliance; and
- information on court cases involving women who raised complaints.
Ministry’s Position and CIC’s Observations
The Ministry of Women and Child Development responded that it had provided all information available in its records and that the Department of Financial Services is the nodal department for the banking sector. It advised Chowdhury to approach the public information officers of individual banks for bank-specific data, stating that the ministry’s division does not maintain consolidated records of annual returns, penalties, or litigation for each public-sector bank.
The CIC highlighted that the ministry’s claim of disposing the first appeal could not be verified because the FAA’s order was not on record. Consequently, the commission ordered a fresh hearing to ensure a fair process and a reasoned decision on the applicant’s grounds.
Next Steps
The FAA must reconvene the appeal, allow both sides to be heard, and issue a reasoned order addressing Chowdhury’s concerns. If dissatisfied with the FAA’s decision, the applicant may file a second appeal under Section 19 of the RTI Act.