Central Information Commission
File No.CIC/SM/A/2009/000718 dated 14102008
Right to Information Act2005Under Section (19)
Dated: 30 April 2010
Name of the Appellant : Shri Abhay Kumar Mishra
DDA Flat No. 26, Netaji Subhash
Apartments, Pocket - 1, Phase - 1,
Sector - 13, Dwarka, New Delhi - 110 075.
Name of the Public Authority : CPIO, Bank of India,
Zonal Office, New Delhi Zone,
Jeevan Bharti, Level - 5,
Tower - 1, 124, Connaught Circus,
New Delhi - 110 075.
The Appellant was not present in spite of notice.
On behalf of the Respondent, the following were present:
(i) Shri C.M. Bhanot, CPIO
(ii) Shri S.S. Saroha, Sr. Manager
(iii) Smt. C.S. Rajani, Manager (Law)
2. In this case, the Appellant had, in his application dated 14 October 2008,
requested the CPIO for the photocopy of the resolution submitted for opening
and operating a certain current account as well as for the bank statements of
the said account. The CPIO replied on 29 October 2008 and denied the
information by claiming exemption under Section 8(1) (j) of the Right to
Information (RTI) Act. In the meanwhile, the Appellant had already preferred an
appeal on 15 October 2008. The Appellate Authority disposed of the appeal in
his order dated 10 January 2009 in which he fully endorsed the stand of the
CIC/SM/A/2009/000718
CPIO. It is against this order that the Appellant has come to the CIC in second
appeal.
3. The Appellant was not present during the hearing in spite of notice. The
Respondents were present and submitted that the Appellant was not an
authorised signatory for operating this account and, therefore, disclosing the
desired information would compromise the commercial confidence inherent in
the account. In fact, Section 8(1) (d) of the Right to Information (RTI) Act
specifically exempts such information from disclosure. Therefore, we do not find
any fault in the decision of both the CPIO and the Appellate Authority.
4. However, by his own admission the CPIO responded nearly 12 days
after receiving the application. This would attract penalty under Section 20(1) of
the Right to Information (RTI) Act. Before imposing any penalty, we would like
the CPIO to explain in person if he had any reasonable cause for this delay.
Therefore, we direct him to appear before the Commission on 24 May 2010 and
explain if he had any satisfactory reason for the delay, failing which it will be
presumed that he has nothing to say in the matter and penalty will be imposed.
5. The case is, thus, disposed off.
6. Copies of this order be given free of cost to the parties.
(Satyananda Mishra)
Information Commissioner
Authenticated true copy. Additional copies of orders shall be supplied against
application and payment of the charges prescribed under the Act to the CPIO of this
Commission.
(Vijay Bhalla)
CIC/SM/A/2009/000718
Assistant Registrar
CIC/SM/A/2009/000718