Central Information Commission
Complaint No.CIC/SM/A/2009/001936
Right to Information Act2005Under Section (19)
Dated: 29 October 2010
Name of the Complainant : Shri Assem Takyar
S/o. Late Shri R.C. Takyar,
Plot No. 144, Phase - 1, Udyog Vihar,
Gurgaon, Haryana.
Name of the Public Authority : CPIO, Canara Bank,
Customer Services Section,
Circle OfficeDelhi, 7th Floor,
Ansal Tower - 38, Nehru Place,
New Delhi - 110 019.
The Appellant was not present in spite of notice.
On behalf of the Respondent, the following were present:
(i) Shri C.G. Nair, AGM & CPIO,
(ii) Shri R.K. Oberoi, Manager
2. In spite of notice, the Appellant was not present. The Respondents were
present and made their submissions.
3. The Appellant wanted to know about the action taken on his letter dated
27 August 2008. The CPIO had sent him an interim reply acknowledging the
receipt of the application more than one month later and assuring him that the
information was being collected. Thereafter, the CPIO again wrote to him on 8
June 2009 and asked him to bear with the Bank as the information was still
being searched. In the meanwhile, in response to the first appeal filed by the
CIC/SM/A/2010/0001936
Appellant, the Appellate Authority provided several details about the action
taken by the Bank in his letter of 27 August 2008. This only shows that not
much effort had been made at the level of the CPIO to collect the information.
In the process, the Appellant was put to lot of detriment and harassment and
had to go through the entire appellate mechanism.
4. In the above circumstances, we now direct the CPIO to provide to the
Appellant within 10 working days from the receipt of this order the photocopies
of the relevant records/file notings, if available, regarding the disposal of his
letter dated 27 August 2008. In case no relevant record in this regard is
available, the CPIO shall clearly state so in a sworn affidavit.
5. In regard to the detriment and harassment suffered by the Appellant, in
exercise of powers vested in the CIC in Section 19(8)(b) of the Right to
Information (RTI) Act, we direct the public authority to compensate the
Appellant by a sum of Rs.5,000/ (Rupees five thousand only) and direct the
CPIO to remit this amount to the Appellant within 20 working days from the
receipt of this order by way of a demand draft drawn in his favour and payable
at New Delhi.
6. With regard to the delay in the matter, it was submitted during the
hearing that because of the merger of two Branches to which the information
pertained, the relevant records could not be traced in time and that is why the
CPIO had not been able to provide the information within the stipulated period.
It seems some records could be traced much later when the Appellate Authority
passed his orders. In the circumstances, we do not propose to impose any
penalty on the CPIO but would like to strongly advise him that whenever
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records are not available, a suitable response must be sent to the Appellant
immediately and well within the stipulated period of 30 days.
7. With the above directions, the case is disposed off.
8. 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)
Assistant Registrar
CIC/SM/A/2010/0001936