Central Information Commission Complaint No.CIC/SM/C/2009/000829 Right to Information Act2005Under Section (18) Dated: 12 November 2010 Name of the Complainant : Shri Mohd. Sayed S/o. Mohd. Saddiq, Labis Tailor Shahid Chowk, Naya Bazar, Haldwani, Nainital, Uttrakhand. Name of the Public Authority : CPIO, Punjab National Bank, Zonal Office, Kashipur, Bazpur Road, Kashipur, Udam Singh Nagar, Uttrakhand. The Complainant was not present in spite of notice. On behalf of the Respondent, Shri Rohit Bathla, Advocate, was present.
Information Commissioner : Shri Satyananda Mishra
Show Cause Notice withdrawn
Elements of decision
2. In our order dated 15 December 2009, we had directed the CPIO to
provide the desired information to the Complainant within a certain period and
also to explain the reasons for not having provided the information in the first
place. Today, during the hearing, on behalf of the CPIO, it was submitted that
the Branch Manager of the Bank who had received the RTIapplication had
promptly informed the Complainant that the desired information could not be
disclosed being about the account details of a third party customer of the Bank.
The Bank had advised the Complainant to seek such information from the
account holders themselves. As far as the compliance of our order is
concerned, the Respondent drew our attention to the communication of the
Bank dated 7 January 2010 by which they had informed the Complainant once
again about their inability to disclose the information for the same reasons and
had also endorsed a copy of that to the Commission for our information.
3. After carefully considering all the facts of the case, we are satisfied that
there has been neither any delay in responding to the original RTIapplication
nor to our order. However, we noted that the Branch Manager had denied the
information not under any provision of the Right to Information (RTI) Act but by
citing some other law. We would like to advise the CPIO of the Bank that no
information should be denied to a citizen except under the express provisions of
the Right to Information (RTI) Act and it should be kept in mind that the Right to
Information (RTI) Act has an overriding effect on all other laws which are
inconsistent with the provisions of this Act.
4. The case is thus disposed off.
5. Copies of this order be given free of cost to the parties.
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