CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2011/001797/15258
Appeal No. CIC/SG/A/2011/001797
Relevant facts emerging from the Appeal:
Appellant : Mr. M. K. Sachan.
Punjab & Sind Bank
LDA Branch, Lucknow (UP)
Respondent : CPIO, & Sr. Manager
Punjab & Sind Bank,
Zonal Office,
Lucknow
RTI application filed on : 02-04-2011
PIO replied on : Not mentioned.
First Appeal filed on : 03-05-2011
First Appellate Authority order of : 28-05-2011
Information Sought:
1. Kindly provide certified copies of the salary certificate of Sh. Madhah Chandra Saha
(M08980). Head Cashier. Lake Town Branch Kolkata for the month of November 2010.
2. The amount at Special Pay (if any) paid to the above employee. Sh. Madhah Ch. Saha alogwith
the name & designation of the Spl. Pay sanctioning Authority.
3. The list of clerical employees working under the administrative control of Zonal Office.,
Lucknow and entrusted to hold the Cash keys jointly with an officer in the following format:
S. No. Name of the Name of the Spl. Pay drawn (if Date of
Branch Employee any) as on performance of
01/01/2011 Spl. Pay duties
The PIO reply:
No reply was given to the appellant.
Grounds for the First Appeal:
No reply was given to the appellant by the PIO .
Order of the First Appellate Authority (FAA):
"I have considered the application filed by the Appellant; and the appeal dated 03-05-2011 preferred
by the appellant alleging therein that the information sought vide application date 02-04-2011 has not
been provided by the CPIO, thus the information has been refused as per the RTI Act, 2005.
CPOI zonal office, Lucknow is directed to immediately furnish information/suitable reply in terms of
provisions of the RTI Act, 2005. In case the CPIO has already furnished the information/reply to the
appellant another copy of the same may be sent by registered/speed post."
Ground of the Second Appeal:
NO information had been provided by the PIO and unsatisfactory order was given by the FAA.
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Relevant Facts
emerging during Hearing:
The following were present
Appellant : Mr. M. K. Sachan on video conference from NIC-Lucknow Studio;
Respondent : Absent;
The appellant states that he has received no information at all from the PIO. Even after the
order of the FAA no information has been provided to him.
Decision:
The Appeal is allowed.
The PIO is directed to provide the complete information to the Appellant before
10 November 2011.
The issue before the Commission is of not supplying the complete, required information by the
PIO within 30 days as required by the law.
From the facts before the Commission it appears that the PIO is guilty of not furnishing information
within the time specified under sub-section (1) of Section 7 by not replying within 30 days, as per the
requirement of the RTI Act. He has further refused to obey the orders of his superior officer, which
raises a reasonable doubt that the denial of information may also be malafide. The First Appellate
Authority has clearly ordered the information to be given.
It appears that the PIO’s actions attract the penal provisions of Section 20 (1). A showcause notice is
being issued to him, and he is directed give his reasons to the Commission to show cause why penalty
should not be levied on him.
He will present himself before the Commission at the above address on 23 November 2011 at 4.30pm
alongwith his written submissions showing cause why penalty should not be imposed on him as
mandated under Section 20 (1). He will also submit proof of having given the information to the
appellant.
If there are other persons responsible for the delay in providing the information to the Appellant the
PIO is directed to inform such persons of the show cause hearing and direct them to appear before
the Commission with him. If no other responsible persons are brought by the persons asked to
showcause hearing, it will be presumed that they are the responsible persons.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi
Information Commissioner
21 October 2011
(In any correspondence on this decision, mention the complete decision number.) (vd)
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