Central Information Commission Judgements

Smt. Deepa Kapoor vs Allahabad Bank on 7 October, 2011

Central Information Commission
Smt. Deepa Kapoor vs Allahabad Bank on 7 October, 2011
                 CENTRAL INFORMATION COMMISSION
                     Club Building (Near Post Office)
                   Old JNU Campus, New Delhi - 110067
                          Tel: +91-11-26161796

                                          Decision No. CIC/SM/A/2011/000476/SG/15081
                                                 Appeal No. CIC/SM/A/2011/000476/SG

Relevant facts emerging from the Appeal:

Appellant                            :      Mrs. Deepa Kapoor
                                            Ch.no.X-41A, civil wing
                                            Tiz hazari court
                                            Delhi-11054

Respondent                           :     1.Public Information Officer,
                                            The first appellate authority
                                            Allahabad bank
                                            Head office, 2
                                            Netaji Subhash Marg
                                            Kolkata-700 001

                                           2.The Central Public Information Officer
                                           Allahabad Bank,
                                            Zonal Office, 55
                                           The Mall, Meerut Cantt.

RTI application filed on             :     16/07/2010
PIO replied on                       :     09/09/2010
Complaint made to CIC received on    :     01/10/2010
CIC Remanded to FAA on               :     26/11/2010
First Appellate Authority order on   :     No Reply
Second Appeal received on            :     17/01/2011

Ground of the Second Appeal:
CIC while remanding the complaint in case no. CIC/SM/C/2010/001001 on 26/11/2010
ordered the FAA to furnish information within 20 days. The Appellant on 17/01/2011
informed the Commission that the matter was not yet decided by the First Appellate
Authority and that she has not received any information.

The Commission decided to register this complaint as appeal and sent hearing notice to both
the parties to appear before the Commission on 07 October 2011.

Relevant Facts

emerging during Hearing:

Both the parties were given an opportunity for hearing. However, neither party appeared. It
appears from the Appellant’s contention is that the First Appellate Authority has not
conducted a hearing and decided the matter despite the order of the Commission.

Decision:

The Appeal is allowed.

The Commission directs the First Appellate Authority to conduct a
hearing and pass appropriate orders to ensure that the information is supplied to
the Appellant as per the provisions of the RTI Act.

The First Appellate Authority appears to be guilty of dereliction of duty
since he does not appear to have passed any order in the matter despite the order
of the Commission. The First Appellate Authority is directed to send his
explanation to the Commission before 20 November 2011, why the
Commission should not recommend disciplinary action against him for
dereliction of duty.

This decision is announced in open chamber.

Notice of this decision be given free of cost to the parties.
Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.

Shailesh Gandhi
Information Commissioner
07 October 2011
(In any correspondence on this decision, mention the complete decision number.)(GS)