Central Information Commission, New Delhi
File No.CIC/SM/C/2008/00075
Right to Information Act2005Under Section (19)
Date of hearing : 26 November 2010
Date of decision : 26 November 2010
Name of the Appellant : Shri Umeshwar Singh,
Village Mungila,
P.O. Shankerpur,
Imamgunj, Distt. Patna, Bihar.
Name of the Public Authority : CPIO, Punjab National Bank,
Circle Office, RBlock,
Patna - 800 001.
On behalf of the Respondent, Shri K.K. Singh, was present.
Information Commissioner : Shri Satyananda Mishra
Decision Notice
Appeal accepted.
Elements of the decision:
Section 19(8()(b) compensation of Rs.5,000 awarded
2. In our order dated 30 July 2010, we had directed the Branch Manager
concerned to appear before us and explain why (a) he had not replied to the
original RTIapplication and (b) why he did not comply with our orders dated 8
September 2009. Today, the said Branch Manager (Shri K.K. Singh) appeared
before us and submitted that the original RTIapplication had not been found
received in the Branch. Regarding our order dated 8 September 2009, he
submitted that when this order had arrived in the Branch he was on leave and
that some one else was the Incharge. It appears that officer had not taken any
action on our order. Shri Singh submitted that on return to the Branch after
leave, he had forwarded our order to the CPIO whereafter he got transferred
from that Branch.
3. In the above circumstances, it is not very easy to pinpoint the
responsibility for the noncompliance of our orders on any single Branch
Manager/CPIO. However, the fact remains that the Complainant did not
receive the desired information until December 2009, that is, nearly two years
after he had first preferred his application. The Complainant has prayed to us
for award of compensation for the harassment for not getting the information in
time. After carefully considering the facts of the case, we are satisfied that
there is a lot of merit in the demand of the Complainant for award of
compensation. Therefore, in exercise of the powers vested in the CIC in
Section 19(8)(b) of the Right to Information (RTI) Act, we direct the Bank to
compensate the Complainant by an amount of Rs.5,000/ (Rupees five
thousand only) for the detriment suffered by him because of the inordinate
delay in providing him the information. We direct the CPIO to remit this amount
of compensation to the Complainant within 20 working days from the receipt of
this order by way of a demand draft. The compliance of our order be reported
to us soon thereafter.
4. The case is disposed of accordingly.
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