CENTRAL INFORMATION COMMISSION
Appeal No.2709/ICPB/2008
F.No.PBC/08/177
August 14, 2008
In the matter of Right to Information Act, 2005 - Section 18
Appellant : Mr. Om Prakash Mahana
Public authority: Union Bank of India
Mr. A.A. Taj, CPIO
FACTS
:
The appellant, who is an advocate, has sought information under RTI Act by his
letter dated 28.02.2007 on behalf of one Mr. O.P. Mahana, the then Senior Manager,
Union Bank of India, Regional Office, Jaipur requesting certain information from Union
Bank of India Legal Services Division, Mumbai. In the application the appellant is
requesting for the charge-sheet, enquiry report orders passed by the disciplinary
authority in the matter of one Shri H.B. Chawla, Mr. J.K. Lohia and Mr. S.K. Baweja for
the year 2000 to 2003 and he has also requested for the first report made by the Bank
to the CVC. Since he did not receive any reply from any quarter he has filed another
application before the Chairman and Managing Director, Union Bank of India, Mumbai
on 22.11.2007. He has also enclosed a copy of the courier receipts while forwarding
this letter. Again not receiving any reply from the CMD or from CPIO the appellant has
filed his complaint before the Commission on 16.1.2008. Comments were called for
vide letter dated 2.4.2008, which was received from CPIO, HQ on 25.05.2008. While
forwarding his comments he has also enclosed a copy of the reply given by the CPIO in
respect of RTI Application of Shri O.P.Mahana through attorney on 6.4.2007. The CPIO
vide letter dated 6.4.2007 has informed the appellant that he is seeking third party
information and they cannot be given under section 8(1) (j) of the RTI Act. The
appellant has also requested this information since he has filed a case in High Court of
Jaipur in connection with that only he is seeking information. Again CPIO stated since
the matter is before the High Court, Jaipur he can seek documents through the said
Court. He has also provided the particulars of first AA. However the appellant has not
filed any first appeal before the first AA.
DECISION:
2. I have gone through the RTI Application as well as the comments furnished by
the CPIO HQ by enclosing the reply given by the CPIO vide letter dated 6.4.2007. The
appellant has filed application on 28.2.2007 and he has taken up the matter regarding
non-receipt of any reply from CPIO on 22.11.2007 and he has filed complaint before the
Commission on 16.1.2008. While sending this appeal the appellant has drawn attention
to the reply furnished by CPIO on 6.4.2007. I, therefore, direct the CPIO to provide
necessary proof that he has sent this letter to the appellant on 6.4.2007. The CPIO has
to indicate by which mode of courier service he has forwarded this letter to the
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appellant, failing which, he has to show-cause why penalty cannot be imposed on him
for not taking any action within 30 days from the date of receipt of the application. As
far as the appellant is concerned he his requesting certain information through his
advocate since his client has filed petition before Hon’ble High Court. In the application
he is seeking only third party information which the appellant is not entitled to get
through advocate. Since he has filed case before the Court he can seek this
information only through the Court. Under RTI Act this information is exempted under
section 8(1) (j) of the Act and therefore the appeal is dismissed. However the CPIO has
to give response to the Commissions above directions within 15 days from the date of
receipt of this decision. On the above line the appeal is disposed of.
Let a copy of this decision be sent to the appellant and CPIO.
Sd/-
(Padma Balasubramanian)
Central Information Commissioner
Authenticated true copy :
(Prem Singh Sagar)
Under Secretary & Assistant Registrar
Address of parties :
1. Mr. A.A. Taj, CPIO, Union Bank of India, Central Office, Union Bank Bhavan, 14th
Floor, 239, Vidhan Bhavan Marg, Mumbai-400021
2. Mr. R.S. Reddy, Appellate Authority, 239, Vidhan Bhavan Marg, Nariman Point,
Mumbai-400021
3. Mr. Om Parkash Mahna, H.NO. 457/13, Urban Estate, Kurukshetra-136118
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