Central Information Commission
Complaint No.CIC/SM/C/2009/001362
Right to Information Act2005Under Section (18)
Dated: 29 October 2010
Name of the Complainant : Shri Surendra Singh
S/o. Shri Amar Singh, A14,
Sharda Nagar, Near Railway Station,
Jawalapur, Haridwar.
Name of the Public Authority : CPIO, Punjab National Bank,
Circle Office, Haridwar,
BHEL, Sector 4, Haridwar,
Uttrakhand.
The Complainant was represented by Shri Neeraj Dawas.
On behalf of the Respondent, the following were present:
(i) Shri Rakesh Kumar Gupta, AGM & CPIO,
(ii) Shri Sartaj Singh, Senior Manager (Law)
2. During the hearing of this case, both the parties were present and made
their submissions. In our order dated 26 March 2010, we had directed the
CPIO to provide the desired information to the Complainant by 19 April 2010
and also to explain why penalty should not be imposed on him for not providing
any information to the Complainant in time. In compliance of our directions, the
CPIO had sent the desired information to the Complainant but had not offered
any explanation about not providing the information in the first place.
3. With regard to the information, the Complainant submitted that the
copies of the records provided to him were not attested and he wanted attested
copies. Therefore, we direct the CPIO to provide to the Complainant within 10
working days from the receipt of this order the attested photocopies of those
documents based on which the Bank had established the liability of the
CIC/SM/C/2009/001362
Complainant in the loan case of M/s National Era Computer and the housing
loan of Shri Vijay Kuswaha. He is also directed to state the name and
designation of the officer(s) who had got that documents executed.
4. With regard to the issue of not providing the information at all, the
Respondent submitted that although the RTIapplication seemed to have been
received in the office of the CPIO, indeed, it had never been put up before the
CPIO. They further submitted that on enquiry, they could not locate this
application at all. We carefully examined the RTIapplication and found that it
had been signed by somebody from the office of the Bank along with the seal of
the Bank. This shows that the application had been received by somebody.
This is a matter of great concern if it is being claimed that the application did not
exist in the office and had never been put up to the CPIO. We direct the CPIO
to conduct an enquiry into this matter and report to us within 15 working days
from the receipt of this order the fact of the matter along with the name and
designation of the person who had received this application but had not put up
before the CPIO so that we can summon that person and fix his responsibility
under Section 20(1) of the Right to Information (RTI) Act.
5. With the above directions, the appeal is 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/C/2009/001362
Assistant Registrar
CIC/SM/C/2009/001362