Central Information Commission
Complaint No.CIC/SM/C/2009/000046
Right to Information Act-2005-Under Section (18)
Dated: 14 December 2009
Name of the Complainant : Smt. Rakhi Agarwal
D/o Shri Krishan Kumar Agarwal,
F - 17, Professors Colony,
Kamla Nagar, Agra.
Name of the Public Authority : CPIO, Central Bank of India,
Regional Office, 37/2/4,
2nd Floor, Sanjay Place,
Agra - 282 002.
The Complainant was along with Shri Rohit Agarwal
On behalf of the Respondent, Shri Ram Khiladi Meena, Branch
Manager was present.
2. In two separate applications dated 13 February 2008 and 1 May 2008,
the Complainant had sought the copies of cheques (No.43001 to 43007)
issued by her on her Saving Bank Account No. 1108185506. The CPIO
responded very belatedly on 10 July 2008 and provided the copies of the
cheques. Dissatisfied with the delay on the part of the CPIO, the
Complainant has come before the Central Information Commission in this
complaint.
3. Both the parties were present during the hearing. The Complainant
submitted that she needed certified copies of the cheques urgently and,
therefore, had applied to the CPIO. She further submitted that the CPIO
failed to provide the desired information in time and eventually when he
sent the copies of the cheques he did not authenticate or certify the
photocopies. Thus, she argued, the information provided to her was of no
use to her.
4. The Respondent submitted that he had been appointed recently as
CPIO and was not responsible for the delay. Be that as it may, admittedly,
the information was not provided in time apparently without any reasonable
cause. This delay on the part of the CPIO is punishable under Section 20(1)
CIC/SM/C/2009/000046
of the Right to Information (RTI) Act. However, before deciding on imposing
the maximum penalty of Rs.25,000/- on the CPIO concerned, we would like
him to offer his written explanation. If we do not receive his explanation
within 15 working days from the receipt of this order, we will presume that
he has nothing to say and shall go ahead and impose the maximum penalty
of Rs.25,00/- as per the above provision. If the CPIO concerned wants
personal hearing in the matter, he is free to say so in his written
explanation.
5. The Complainant submitted that she had to approach the CPIO and
other authorities of the Bank a number of times in this connection but still
could not get the copies of the cheques in time and in the process suffered
serious harassment and loss. After carefully examining the submissions
made by both the parties and keeping the circumstances of the case in
mind, we are inclined to believe that the Complainant would not have
suffered the detriment or the loss had the information been provided to her
in time. Therefore, in exercise of the powers vested in us in Section
19(8)(b) of the Right to Information (RTI) Act, we direct the Central Bank of
India to compensate the Complainant by a sum of Rs.10,000/- which the
Public Authority shall pay by way of demand draft or Banker’s cheque within
20 working days from the receipt of this order. The compliance of our order
be intimated to us immediately thereafter.
6. With the above directions, the appeal is disposed off.
7. 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/C/2009/000046