CENTRAL INFORMATION COMMISSION
Appeal No.2830/ICPB/2008
F. No. PBC/2008/217
September 23, 2008
In the matter of Right to Information Act, 2005 - Section
[Hearing on 12.9.2008 at 5.00 p.m.]
Appellant: Mr. Delip Mishra
Public authority: Central Bank of India
Mr. Prabhakar Diwedi, AGM & PIO
Parties Present: Respondent not present.
Appellant not present.
DECISION
The appellant has sought information under RTI Act by his letter dated
31.10.2007 addressed to PIO, Central Bank of India, Khadipur Branch, Sultanpur
District, Uttar Pradesh requesting certain information pertaining to certain
irregularities committed by certain officials in the branch and he has also
requested the CPIO to furnish whether the case has been given to CBI and
whether any action has been taken by the CBI and whether the matter is pending
in the court. Likewise he has raised various details without providing the specific
details in respect of the case in which he is seeking the information. He has only
indicated some irregularity had taken place in the year 1999 on which he has
sough for certain information. He did not receive any reply to his RTI request
and this prompted him to prefer an appeal on 24.12.2007. He has also not
received any reply to his appeal and therefore he has filed his complaint before
the Commission on 30.01.2008. Comments were called for vide letter dated
24.4.2008, which was received from the CPIO of Central Bank, Regional Office,
Hazratganj branch on 28.05.208. He has indicated about involvement of some
clerk in some irregularity committed in the year 1999 and he has also indicated
CBI has conducted an enquiry and the finally the case has been dismissed.
2. The case was listed for hearing on 12.9.2008 by issuing notice dated
21.8.2008 to both the CPIO as well as the appellant, but no one attended the
hearing. The notice has been issued to the Assistant General Manager-cum-PIO
of the Bank with a copy to the appellant. The PIO neither attended the hearing
nor has sent any intimation to the Commission of his not attending the hearing.
However, the case was taken up for disposal of the basis of the documents
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available on record. From the application, it can be noticed the appellant has not
asked for any specific information he has also not provided any specific details
while seeking the information. I, therefore, direct the CPIO to go through the
application once again and apply the provisions of the RTI Act while giving reply
to this application. He should also provide the particulars of the first AA in case if
the appellant is not satisfied with the reply he can file an appeal before the first
AA. As far as CPIO is concerned, he has not provided any reply to this
application dated 31.10.2007 until the Commission has called for comments on
24.4.2008. The CPIO has furnished a cryptic reply on 28.5.2008 and therefore he
has to show-cause why maximum penalty cannot be imposed on him under
section 20(1) of the RTI Act for not responding to the RTI application in a timely
manner. His explanation to show-cause notice should reach the Commission
within 15 days from the date of receipt of this decision. On the above lines, the
appeal is disposed of.
Let a copy of this decision be sent to the appellant and CPIO.
Sd/-
(Padma Balasubramanian)
Central Information Commissioner
Authenticated true copy :
(Prem Singh Sagar)
Under Secretary & Assistant Registrar
Address of parties :
1. Mr. Prabhakar Diwedi, AGM & PIO, Central Bank of India, Regional Office,
73, Hazratganj, Lucknow.
2. Mr. Delip Mishra, Vill. Gopalpur Namazganj, P.O. Barwaripur, Dist.
Sultanpur, UP.
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