Central Information Commission
Complaint No.CIC/SM/C/2009/001045
Right to Information Act2005Under Section (18)
Dated: 25 October 2010
Name of the Complainant u: Shri Arun G Nerkar
Indian Mutual Fund Building,
Second Floor, Mount Road,
Extension, Sadar Nagpur.
Name of the Public Authority : CPIO, UCO Bank,
Zonal Office, 3rd Floor,
Jaika Motors Building,
Commercial Road, Civil Lines,
Nagpur - 440 001.
The Complainant was not present in spite of notice.
On behalf of the Respondent, Shri P.K. Gupta was present.
2. In our order dated 1 February 2010, we had directed the CPIO not only
to provide the desired information by 25 February 2010 but also to explain why
the maximum penalty of Rs.25,000/ should not be imposed on him for not
providing the information at all. Although the CPIO had written to us on 18
March 2010 informing us that some information was sent to the Complainant on
12 September 2009, we had fixed this case to hear the CPIO on his explanation
for not providing the information in time.
3. During the hearing, the Respondent submitted that the original RTI
application had been addressed to the Branch Manager of the Mount Road
Extension Branch in Nagpur and that the Branch Manager had not transferred
CIC/SM/C/2009/001045
the RTIapplication to the designated CPIO in time. It seems he transferred the
application only in the month of September whereafter the CPIO wrote to the
Complainant and denied the entire information by citing the provision of Section
8(1)(j) of the Right to Information (RTI) Act.
4. We carefully considered the contents of the RTIapplication and found
that there was nothing personal in that and it was entirely wrong on the part of
the CPIO to have denied that information by citing an irrelevant provision of the
RTIAct. Thus, in this case, not only there was a delay of nearly four months in
responding to the Complainant but eventually he was denied the information on
totally wrong grounds. Both the Branch Manager and the CPIO deserve to be
penalised in terms of Section 20(1) of the Right to Information (RTI) Act.
However, before passing an order on the penalty, we would like to hear both
the then Branch Manager of this Branch as well as the designated CPIO who
had handled the RTIapplication. We direct both of them to appear before us in
our chamber on 14 December 2010 at 11.00 p.m. and explain the reasons for
not providing the information in time in terms of Section 20(1) of the Right to
Information (RTI) Act.
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.
CIC/SM/C/2009/001045
(Vijay Bhalla)
Assistant Registrar
CIC/SM/C/2009/001045