Central Information Commission, New Delhi
File No.CIC/SM/A/2010/001071 & CIC/SM/A/2011/000495
Right to Information Act2005Under Section (19)
Date of hearing : 9 June 2011
Date of decision : 9 June 2011
Name of the Appellant : Bakshi Chemicals Pvt Ltd.
B16/17, G T Road Miller Ganj,
Ludhiana.
Name of the Public Authority : CPIO, Punjab National Bank,
Circle Office, 5, Ferozepur Road,
Ludhiana.
The case was represented by Shri Neeraj Bakshi.
On behalf of the Respondent, the following were present:
(i) Shri R.K. Mathur, Senior Manager (Law),
(ii) Shri Abhilash Chandra, CPIO
Chief Information Commissioner : Shri Satyananda Mishra
2. We heard both these cases together through video conferencing. Both
the parties were present in the Ludhiana studio of the NIC. We heard their
submissions.
3. In two identical RTI applications, the Appellant had sought some details
about a cheque issued by some other company in favour of the company of
CIC/SM/A/2010/001071 & CIC/SM/A/2011/000495
which he was a director. Since he had not disclosed his identity in his original
RTI application, the CPIO had declined the information by claiming that it was
about a third party account and, therefore, could not be disclosed. However, at
the appellate stage, after learning that he was a director of the company, the
CPIO searched for the records and found that all the relevant records of the
period had since been destroyed. He informed the Appellant accordingly.
4. Since the relevant records, dating back to the year 1999, had since been
destroyed in terms of the retention policy of the bank, we cannot obviously
compel the CPIO to produce it now.
5. The appeals are disposed off without any further directions.
6. Copies of this order be given free of cost to the parties.
(Satyananda Mishra)
Chief 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)
Deputy Registrar
CIC/SM/A/2010/001071 & CIC/SM/A/2011/000495