Central Information Commission
Appeal No.CIC/PB/A/2008/01122-SM dated 13-05-2008
Right to Information Act-2005-Under Section (19)
Dated: 26 August 2009
Name of the Appellant : Shri. Prahlad Singh,
S/o. Shri. Dhanpat Ram,
Vill & Post- Gudana Kalan, Tehsil Charkhi
Dadri, Distt- Bhiwani, Haryana.
Name of the Public Authority : CPIO, Central Bank of India,
Regional Office, Jawahar Market, Model
Town, Rohtak, Haryana.
The Appellant was present in person
On behalf of the Respondent, the following were present
(i) Shri. R.K.Srivastava, Chief Manager (Law),
(ii) Shri. H.C.Chawla, Assistant Regional Manager.
The brief facts of the case are as under.
2. The Appellant had, in his application dated May 13, 2008, requested
the CPIO for a copy of the enquiry report conducted by the Bank authorities
on his complaint dated February 13, 2008 addressed to the CMD of the Bank
regarding the misappropriation of Rs 12 lakh from his account. The CPIO
replied on 6 June 2008 and denied the information stating that since the
First Information Report (FIR) had already been registered in the matter,
the information was exempt from disclosure under Section 8(1) (h) of the
Right to Information (RTI) Act. He was not happy with this reply and moved
the First Appellate Authority on June 18, 2008. The Appellate Authority
endorsed the decision of the CPIO in his order dated June 28, 2008 and
rejected his appeal. The Appellant has challenged this order in his second
appeal.
3. Both the parties were present during the hearing and made their
submissions. The Respondent informed us that the Police in this case had
already completed the investigation and the matter was now pending before
CIC/PB/A/2008/01122-SM
the court for decision. He also informed us that the competent authority in
the Bank had already instituted appropriate disciplinary proceedings against
those officials who had been found guilty of various misconduct in this
matter. In view of this, it can no longer be argued that the disclosure of the
enquiry report in this case can any more affect the course of investigation
or apprehension of the offender as contemplated in Section 8(1) (h).
Therefore, we direct the CPIO to provide to the Appellant a copy of the
enquiry report in this case within 10 working days from the receipt of this
order.
4. With the above direction, the appeal is disposed off.
5. 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/PB/A/2008/01122-SM