Central Information Commission
Complaint No.CIC/SM/C/2009/000304
Right to Information Act2005Under Section (18)
Dated: 23 July 2010
Name of the Complainant : Shri Bhairun Dan
Kachhawa House, Nagar Nigam Road,
Infront Agarwal School,
Near Soor Sagar, Bikaner,
Rajasthan.
Name of the Public Authority : CPIO, State Bank of Bikaner & Jaipur,
Ahimsa Bhawan, Shankar Road,
New Rajendra Nagar,
New Delhi - 110 060.
On behalf of the Respondent, the following were present:
(i) Shri Rajeev Kaushik, Manager (Law),
(ii) Shri P.D. Agarwal, Deputy General Manager
2. We had posted this case today specifically to hear the submissions of
the DGM of the concerned Bank about his role and responsibility in disposing of
the RTIapplication leading to delay beyond the stipulated period. This case
was last heard on 7 June 2010 when we had heard the submissions of the
CPIO. The CPIO had put the blame for the delay on the DGM who according to
him had sat over the application and had wrongly marked the advice of the
Head Office in the matter to a Law Officer instead of marking it to the CPIO.
3. We heard the submissions of the Deputy General Manager concerned.
He informed that both the communication from the Head Office had been
marked by him to the Law Officer who himself was working under the CPIO
CIC/SM/C/2009/000304
himself and if the CPIO had been serious to deal with the RTI application within
the time limit, he should have followed it up and taken necessary action. We
heard the submissions of the CPIO on an earlier occasion. After keeping the
submissions of the CPIO and the Deputy General Manager concerned in mind,
it is quite clear to us that the delay was due to:
(a) indifference of the CPIO in following the matter as expected under
the Right to Information (RTI) Act;
(b) because of the extremely cumbersome procedure established by this
Bank in dealing with the RTIapplications.
4. Overall, out of the entire period of delay, even if much of it attributed to
the cumbersome procedure of the Bank, we find no reason to absolve the CPIO
from his responsibility. Therefore, in exercise of the powers vested in the CIC
under Section 20(1) of the Right to Information (RTI) Act, we impose a penalty
of Rs.2,500/ at the rate of Rs.250/ per day for 10 days beyond the stipulated
period of 30 days for not providing the information to the Appellant . The CMD
of the Bank is directed that this amount of penalty should be deducted from the
salary of the CPIO concerned and sent to Shri Vijay Bhalla, Assistant Registrar,
Central Information Commission, Room No. 8, Old JNU Campus, New Delhi, by
way of a demand draft drawn in favour of the ‘PAO, CAT’ and payable at New
Delhi within 20 working days from the receipt of this order.
5. The Commission ordered accordingly.
6. Copies of this order be given free of cost to the parties.
(Satyananda Mishra)
CIC/SM/C/2009/000304
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/SM/C/2009/000304