Central Information Commission, New Delhi
File No.CIC/SM/C/2010/000566
Right to Information Act2005Under Section (18)
Date of hearing : 12 November 2010
Date of decision : 12 November 2010
Name of the Appellant : Shri Raj Kumar Aggarwal,
C/o Ranchi Cable Network,
Pukhta Bazar, Jahangirabad,
Distt. Bulandshahr, U.P.
Name of the Public Authority : CPI0, Punjab National Bank,
Central Office,
Distt. Bulandshahr, U.P.
On behalf of the Respondent, Shri K.S. Goswami and Shri Dheeraj
Saharia, Sr. Managers, were present.
Information Commissioner : Shri Satyananda Mishra
Decision Notice
Section 20(1) Penalty imposed
2. In our order dated 5 October 2010, we had directed the Branch Manager
of this particular Branch (Sikandrabad), Distt. Bulandshahr, UP, to appear
before us and explain why the desired information had not been provided to the
Complainant. Today, both the officers who had successively acted as the
Branch Managers of this Branch appeared before us and made their
submissions. The Officer who was the Branch Manager of this Branch when
the RTIapplication (24 February 2008) had been filed submitted that the
application had never been put up before him while he was there and he was
also not sure if this application had been received in the Branch at all. It is
CIC/SM/C/2010/000566
noted that the RTIapplication had been sent to the Branch by registered post.
It is unlikely that this application was not received in the Branch. If the
application was not put up before the Branch Manager, the Applicant cannot be
held responsible.
3. When the Commission had received a complaint, we had passed an
order on 4 December 2009 directing that the information be provided to the
Complainant and that the reasons for not providing the information be explained
to us. In response to our order, the succeeding Branch Manager had written to
us on 30 December 2009 in which he had assured that the desired records
were being collected and would be provided to the Complainant soon. Today,
he reported that the information was finally provided to the Complainant on 4
October 2010, that is, nearly 10 months after he assured us of sending this
information and nearly a year after our first order.
4. The above shows a complete lack of seriousness on the part of the
officers of the Bank in dealing with the RTIrequests from citizens. That, the
Bank should take nearly one year after our direction to provide the information
speaks volumes about the functioning of the Bank.
5. This is a clear case in which the officers concerned are liable for
imposition of penalty. The Branch Manager during whose tenure the RTI
application had been filed and the one who had received our order but had
failed to comply with are equally responsible for the deemed denial of the
information to the Complainant. Therefore, in exercise of the powers vested in
the CIC in Section 20(1) of the Right to Information (RTI) Act, we impose a
penalty of Rs.12,500/ each on these two officers. We direct the CPIO to deduct
the amount of penalty from the monthly salary of these two officers (Shri K.S.
Goswami, Sr. Manager and Shri Dheeraj Sharia, Sr. Manager) in two equal
CIC/SM/C/2010/000566
monthly instalments and remit it to Shri Vijay Bhalla, Assistant Registrar,
Central Information Commission, Room No. 8, Club Building, Old JNU Campus,
Opp.Bersarai Market, New Delhi – 110 067 by way of demand drafts drawn in
favour of ‘PAO,CAT’ payable at New Delhi.
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/C/2010/000566