Central Information Commission Judgements

Shri. Dharmendra Kumar vs State Bank Of India on 28 February, 2011

Central Information Commission
Shri. Dharmendra Kumar vs State Bank Of India on 28 February, 2011
                   CENTRAL INFORMATION COMMISSION
                  Room No.-307, 2nd Floor, B-Wing, August Kranti Bhawan
                         Bhikaji Cama Place, New Delhi-110066.
                         Telefax:011-26180532 & 011-26107254
                                   Website : cic.gov.in

                                                                 Date : February 28, 2011

                     Complaint No. : CIC/AT/C/2010/001404-DS


Complainant                  :      Shri Dharmendra Kumar, Rohtas (Bihar).
Public Authority             :      State Bank of India, Kandivali (E), (Maharashtra).


                                          ORDER

The Commission has received a complaint petition, dated NIL (Diary
No.:77128/2010) from Shri Dharmendra Kumar in respect of his/her RTI-application on
31/03/2010 filed with the CPIO, Office of the Branch Manager, State Bank of India,
Kandivali (East), Mumbai-400101 (Maharashtra) (A Copy of RTI application is enclosed).
Thereafter, the petitioner filed 1st Appeal before the First Appellate Authority of Public
Authority. From the perusal of documents on record, it is seen that the same has not been
adjudicated upon by the First Appellate Authority.

2. In order to avoid multiple proceedings under section 19 and 18 of the RTI Act, viz,
appeals and complaints, the matter is remitted to the CPIO with the following
directions:

i. In case, no reply has been given by CPIO to the complainant to his/her RTI request,
the CPIO should furnish a reply to the complainant within two weeks of receipt of
this order.

ii. In case CPIO has already given reply to the complainant in the matter, he/she
should furnish a copy of his/her reply to the complainant within one week of receipt
of this order.

iii. CPIO should invariably indicate to the complainant the name and address of
st
the 1 Appellate Authority, before whom the complainant can file first appeal, if any.

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iv. A copy of CPIO’s reply will be endorsed to the Commission clearly indicating
the case number and reason for delay, if any, in providing information.

3. In case the complainant is not satisfied with the reply received from the CPIO, he/she,
under section 19(i) of the RTI Act, may file first-appeal before the FAA within the
time prescribed under the RTI Act.

4. On receipt of the first appeal from the petitioner as per the above directions, FAA
should dispose of the appeal within the period stipulated in the RTI Act.

5. In case complainant still feels aggrieved by the decision of FAA, he/she shall be free
to approach the Commission in second appeal under section 19(3), along with
complaint u/s 18, if any, within the prescribed time limit.

6. The matter is closed with above directions.

(Smt. Deepak Sandhu)
Information Commissioner (DS)

Authenticated true copy:

(T. K. Mohapatra)
U.S. & Dy. Registrar
Tele. No. : 011-26105027
tk.mohapatra@nic.in

Copy to :-

1. Shri Dharmendra Kumar
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Village – Bhainsahi,
P.O. – Karup,
Police Station – Sasaram,
District – Rohtas-802217 (Bihar).
Contact No. : 094316 40953.

2. Central Public Information Officer
Office of the Branch Manager,
State Bank of India,
Kandivali (East),
Mumbai-400101 (Maharashtra).

-:-

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