Central Information Commission
File No.CIC/SM/A/2009/000877 dated 12112008
Right to Information Act2005Under Section (19)
Dated: 26 May 2010
Name of the Appellant : Shri Brijnandan Prasad
Vill - Janaro, Post - Karjara,
Distt - Nalanda, Bihar.
Name of the Public Authority : CPIO, Madhya Bihar Gramin Bank,
Regional Office,
Bihar Sharif, Nalanda,
Bihar.
The Appellant was represented by Shri Ram Bilas.
On behalf of the Respondent, Shri Surender Prasad CPIO was present.
2. In this case, the Appellant had, in his application dated 12 November
2008, requested the CPIO for various pieces of information relating to the
functioning of the Karah branch of the bank. In his reply dated 24 January 2009,
the CPIO rejected the RTI application on the ground that it was an invalid
application since the Appellant had not enclosed any application fee in the
prescribed manner. It is to be noted that the Appellant had claimed to be a
B.P.L cardholder and was thus exempted from payment of any fee. The CPIO’s
response came after the expiration of the stipulated time limit. In the
CIC/SM/A/2009/000877
meanwhile, the Appellant had already preferred an appeal on 7 January 2009.
It is not clear if the Appellate Authority had passed any order on the appeal.
The Appellant however has preferred a second appeal in the CIC.
3. We heard this case through videoconferencing. A representative of the
Appellant was present in the Nalanda studio of the NIC as also the
Respondents. We heard their submissions. It was observed that the Appellant,
himself the Sarpanch of a Gram Panchayat, had enclosed a BPL certificate with
his RTI application. On the face of it, it appears somewhat suspect that the
Sarpanch of a Gram Panchayat should be from a below poverty line family.
This is a matter for enquiry by the state authorities.
4. After carefully considering the submissions of both the parties and after
perusing the records of the case, we are of the view that the CPIO should
provide the information against the queries 1 to 4, 7, 9, 10, 13 and 14 along
with, wherever available, photocopies of the relevant documents. While
providing the information against the query no. 3, the CPIO shall provide details
about only those customers who would have received any concessions in
loans; otherwise, if no concession has been given to any customer, the CPIO
need not provide any details regarding the customers of the bank against this
CIC/SM/A/2009/000877
query. We direct the CPIO to provide the information to the Appellant within 10
working days from receipt of this order.
5. As we have pointed out earlier, the CPIO had responded to the
Appellant much beyond the stipulated period of 30 days. We would like to have
his explanation for this. Therefore, we direct him to appear before us on 2 July
2010 at 12.15 PM and explain if he had any reasonable cause for the delay. If
he fails to provide reasonable explanation for the delay, we will decide on the
penalty to be imposed on him in terms of Section 20(1) of the Right to
Information (RTI) Act.
6. With the above directions, the appeal is disposed off.
7. 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/SM/A/2009/000877