Central Information Commission
File No.CIC/SM/A/2009/001446 dated 22052009
Right to Information Act2005Under Section (19)
Dated: 29 June 2010
Name of the Appellant : Shri Hansraj Kumar
Vill & Post - Amarpur,
Bhaya - Baro (Barauni),
Distt - Begusarai,
Bihar - 851 118.
Name of the Public Authority : CPIO, UCO Bank,
Head Office, 10,
Biplabi Trailokya, Maharaj Sarani,
Brabourne Road, Kolkata - 700 001.
The Appellant was not present in spite of notice.
On behalf of the Respondent, the following were present:
(i) Shri C.P. Gupta,
(ii) Shri Sudhir Kumar,
(iii) Shri S.P. Das
2. In this case, the Appellant had, in his application dated 22 May 2009,
requested the Branch Manager/CPIO for a few pieces of information regarding
a cheque deposited by him with the Karvy Stock broking Firm. The Branch
Manager /CPIO, in his letter dated 9 July 2009, denied the request on the
ground that the bank could not provide the information related to its customer’s
account. The CPIO, in another letter dated 8 July 2009, had also informed that
based on the details provided by the Appellant it was not possible to provide the
desired information. The reply of the CPIO came after the expiration of the time
limit as given in the Right to Information (RTI) Act. In the meanwhile, the
Appellant preferred an appeal on 27 June 2009. It is not clear if the Appellate
Authority had passed any order or not. The Appellant however has preferred a
second appeal with the CIC.
CIC/SM/A/2009/001446
3. The case was fixed for the hearing through videoconferencing. The
Appellant was not present. The Respondents were present both in the
Begusarai and Kolkata studios. We heard their submissions. We also carefully
considered the original application of the Appellant seeking information and the
reply of the CPIO. We are satisfied with the reply of the CPIO that based on the
details given by the Appellant, it was not possible for the Branch or the CPIO to
produce the desired information.
4. However, it is noted in this case that the reply to the Appellant was sent
nearly 2 weeks after the stipulated period. Regarding this, the Respondents
submitted that the delay was largely on account of the nature of information
sought and with the scanty details provided by the Appellant regarding the said
cheque, it took some time for the Branch to investigate and find out the facts; in
the process sometime was lost. They submitted that it was not deliberate or
intentional. They further assured that there would be no such delay in future.
5. We have also noted that the Appellate Authority passed no order on the
appeal filed by the Appellant; instead, the CPIO himself replied treating the
appeal as an RTI application. This is not the right way to go about dealing with
appeals. The copy of the appeal should have been transferred to the
designated Appellate Authority forthwith. We hope this will be noted for future.
6. The case of is, thus, disposed off.
7. Copies of this order be given free of cost to the parties.
(Satyananda Mishra)
CIC/SM/A/2009/001446
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/2009/001446