Central Information Commission, New Delhi
File No.CIC/SM/A/2011/001165 & 1434
Right to Information Act2005Under Section (19)
Date of hearing : 30 August 2011
Date of decision : 30 August 2011
Name of the Appellant : Shri B R Bhatia
C1/90, Sector - 31,
Noida - 201 301.
Name of the Public Authority : CPIO, Punjab National Bank,
Circle Office, Kambalwala Bagh,
New Mandi, Muzaffarnagar, UP.
CPIO, Punjab National Bank,
Law Section, Circle Office South Delhi,
3rd Floor, Rajendra Bhawan, Rajendra
Place, New Delhi - 110 125.
The Appellant was present along with Shri Ravi Bhatia.
On behalf of the Respondent, the following were present:
(i) Smt. Sangeeta Sondhi, Advocate,
(ii) Shri D V Chandel, Manager (Law),
(iii) Shri Atul Gulati,
(iv) Shri Arun Sharma, Manager (Law)
Chief Information Commissioner : Shri Satyananda Mishra
2. Both the parties were present during the hearing of these cases. We
heard their submissions.
CIC/SM/A/2011/001165 & 1434
3. In this case, the Appellant had sought several details about the action
taken against some officials of two branches of the bank for having removed 2
TPOs from one branch of the bank and for getting the payment made against
those in another branch. The CPIO had transferred the RTI application to the
respective officers of the bank which dealt with these branches. Later, the
Appellant was informed that no information regarding the action taken against
these officials was available.
4. Since the Appellant did not get the response of the CPIO in time, he had
sent a complaint to the CIC earlier. On his complaint, we had directed the
Appellate Authority to hear the matter at this level and pass an appropriate
order. It seems, the Appellate Authority disposed of the matter without giving an
opportunity of hearing to the Appellant. But he did not provide any relief and
merely pointed out that the information was not available.
5. During the hearing, the Appellant submitted that the desired information
was being denied deliberately and that he had not been given adequate
response in time. On the other hand, the Respondents submitted that the
CPIOs had taken great care to look for the records but were not able to trace
the records most likely because this entire matter dated back to 1993 and, due
to the lapse of time, all the records might have been weeded out.
6. Be that as it may, we think that the bank must look for the records in all
those offices where such records are likely to be maintained and, if found,
provide it to the Appellant. Therefore, we direct the CPIO concerned to search
for this records at all likely places in the bank and, if found, to provide the
CIC/SM/A/2011/001165 & 1434
photocopies of the chargesheet, the enquiry report and the order of the
disciplinary authority in respect of each of the officers/employees listed by the
Appellant in his RTI application. However, if all or some of these records are no
longer found to be in existence or have been destroyed, the CPIO shall clearly
state so and provide, if available, the proof of the destruction of the relevant
records. Besides, he shall also send a copy of the relevant extract from the
record retention schedule followed by the bank in this regard.
7. About the order passed by the Appellate Authority, after careful
examination, we found it to be extremely unsatisfactory. It is not a speaking
order at all. Besides, it has been passed without giving any opportunity of
hearing to the Appellant. We would like the Appellate Authority to keep this in
mind in future that all orders passed by him must be sufficiently speaking and
reasoned and he must make efforts to give an opportunity of hearing to the
Appellant before passing any such order.
8. With the above direction, both the appeals stand disposed off.
9. 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)
CIC/SM/A/2011/001165 & 1434
Deputy Registrar
CIC/SM/A/2011/001165 & 1434