Central Information Commission, New Delhi
File No.CIC/SM/A/2010/000650
Right to Information Act2005Under Section (19)
Date of hearing : 6 December 2010
Date of decision : 6 December 2010
Name of the Appellant : Shri Kunal Bhushan
E111, Chattarpur Extension,
New Delhi - 110 074.
Name of the Public Authority : CPIO, Punjab National Bank,
Zonal Office, Chanakya Tower,
R Block, Patna - 800 001.
The Appellant was not present in spite of notice.
On behalf of the Respondent, Shri Gopal Krishan was present.
Information Commissioner : Shri Satyananda Mishra
Decision Notice
Appeal allowed
Elements of the decision:
Section 8(1)(j) CPIO is directed to provide information – show cause
for the delay.
2. We heard this case through videoconferencing. In spite of notice, the Appellant
CIC/SM/A/2010/000650
was not present. The Respondent was present in the Patna studio of the NIC. We
heard his submissions. The Appellant had requested the branch manager for several
detail regarding the loans sanctioned under the KCC scheme during the preceding five
years. The branch manager had not responded nor had transferred the application to
the designated CPIO. Later, the Appellate Authority decided not to disclose
information by claiming exemption under Section 8(1) (j) of the Right to Information
(RTI) Act.
3. After carefully considering the facts of the case and in line with our past
decisions in respect of information regarding loans under such schemes involving any
concession or subsidy or interest rate subvention, we now direct the CPIO to provide
to the Appellant within 10 working days from the receipt of this order the list of
borrowers under this scheme for the preceding two years for this particular branch
including their names, the landholding of each borrower and amount of loan
sanctioned in each case.
4. The branch manager who had received the RTI application had not provided
the desired information at his level. He had also not transferred the application to the
designated CPIO within the stipulated period of five days. Unless he has a reasonable
cause for this, he will be liable for imposition of penalty in terms of the provision
contained in Section 20(1) of the Right to Information (RTI) Act. However, before
deciding on the penalty, we would like to hear his explanation. Therefore, we direct the
CPIO to forward a copy of this order to the officer who was the branch manager of this
particular branch at the time and had received the RTI application to appear before the
Commission on 6 January 2011 at 3.45 (Room No. 8, Block IV, Old JNU Campus,
Opp. Ber Sarai Market, New Delhi) and offer his explanation. If he fails to appear on
the appointed day or give any satisfactory explanation, we will proceed to decide on
CIC/SM/A/2010/000650
the penalty without giving him any further opportunity of hearing.
5. With the above directions, the appeal is dispose off.
6. 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/2010/000650