Central Information Commission
Complaint No.CIC/PB/C/2008/00740-SM dated 12.11.2007
Right to Information Act-2005-Under Section (18)
Dated: 16 September 2009
Name of the Complainant : Shri S.U. Joshi,
Director, Sahayadri Industries Limited,
39/D, Gultekdi,
J.N. Marg, Pune (M.S.)
Name of the Public Authority : CPIO, Central Bank of India,
Regional Office,
Pune (Maharashtra).
The Complainant was present in person.
No one was present on behalf of the Respondent in spite of notice.
2. In this case, the Appellant had requested the CPIO on November 12,
2007 for permission to inspect the correspondence relating to the
representations and complaints made by Swastik Industries Ltd which later
merged in the Sahayadri Industries Ltd. The CPIO replied on November 28,
2007 and stated that since the matter was sub-judice, the information could
not be given. Not satisfied with this reply, he approached the Appellate
Authority who confirmed, in his order dated February 13, 2008 the decision
of the CPIO. Once again, the Appellant approached the Appellate Authority
in a fresh appeal on April 22, 2008 which that Authority disposed of in his
order dated June 30, 2008 in which he advised the Appellant to go to the
CIC in second appeal, in stead. Thus, the Appellant has now come before
the CIC.
3. The case was heard through videoconferencing. The Appellant was
present in the Pune studio of the NIC. The Respondent was not present in
spite of notice. We heard the submissions of the Appellant. The Appellant
submitted that he was a Director in the Sahayadri Industries Ltd in which
the erstwhile Swastik Industries Ltd had merged and, therefore, he should
be provided with information. In any case, the stand of the CPIO and the
CIC/PB/C/2008/00740-SM
Appellate Authority that the information could not be given because the
matter was sub-judice was not right as there is no provision in the Right to
Information (RTI) Act exempting any information from disclosure on such
grounds. In view of this, we now direct the CPIO to grant permission to the
Appellant to inspect the records within 15 working days from receipt of this
order and within 10 working days from the date he produces an
authorisation from the said Company for seeking information concerning the
account details on their behalf.
4. With the above directions, the appeal is disposed off.
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
CIC/PB/C/2008/00740-SM