Central Information Commission, New Delhi
File No.CIC/SM/C/2009/000196
Right to Information Act2005Under Section (19)
Date of hearing : 22 February 2011
Date of decision : 22 February 2011
Name of the Complainant : Shri Sanjay Kumar Jha
S/o. Shri Sadakant Jha,
Gram & Post - Kothiya,
Bhaya - Jhanjharpur,
Distt - Madhubani, Bihar.
Name of the Public Authority : CPIO, Punjab National Bank,
Jhanjharpur Branch,
Distt - Madhubani, Bihar.
The Appellant was not present in spite of notice.
No one was present on behalf of the Respondent.
Chief Information Commissioner : Shri Satyananda Mishra
2. We heard this case through video conferencing. The Respondent was
not present in the Madhubani studio of the NIC in spite of notice.
3. In our order dated 16 October 2009, we had directed the CPIO
concerned to provide the information to the complainant and also to explain to
us if he had a reasonable cause for the delay in supplying the information.
Today, during the hearing, the officer concerned appeared and submitted that
the Branch Manager who had received the RTI application in the first place had
CIC/SM/C/2009/000196
responded to the complainant on 19 December 2008 and had provided some of
the information. In his written submissions, he has pleaded that the delay at the
Branch level was not deliberate and was caused because the desired
information was vast in scope and took time for collection.
4. We carefully considered the facts of the case including the submissions
made by the then Branch Manager. In his reply dated 19 December 2008, the
Branch Manager had covered all the queries but had provided the information
against only a few of the queries, declining the rest with one or the other
explanation. Thus, in effect, not much information had been disclosed. Almost
all the information sought by the complainant relates to the loans sanctioned
under the KCC scheme. Since under the scheme, some interest rate
concession/subvention is offered by the Bank, in line with our past decisions in
such matters, some details about these loan accounts should be disclosed.
Therefore, we direct the CPIO to disclose the following information to the
complainant within 10 working days from the receipt of this order:
i) the list of borrowers from the Jhanjharpur Branch under the KCC
scheme during the years 200607 and 200708 including the amount of
loan sanctioned in each case and the extent of land holding against
which the loan has been sanctioned;
ii) the photocopy of the government/Bank guidelines, if any, on this
particular scheme as well as on educational loan;
iii) the list of borrowers whose loans had been waived under the loan
waiver scheme of the government including the amount of loan waived in
CIC/SM/C/2009/000196
each case;
iv) the photocopy of any loan scheme(s), if any, targeted to small and
marginal farmers.
5. No information need be given about the remaining queries as those
relate to information in the nature of commercial confidence which Section 8(1)
(d) of the Right to Information (RTI) Act exempts from disclosure.
6. While accepting the explanation of the then Branch Manager regarding
the delay as reasonable in the light of the variety and volume of information
sought, we are constrained to accept the demand of the complainant for
payment of compensation. It is obvious that if the desired information had been
given earlier, there would have been no need for the complainant to approach
the CIC. In the process, it is clear that he has suffered some detriment and
financial loss. He deserves to be compensated for this. Therefore, in exercise of
the powers vested in the CIC in Section 19 (8) (b) of the Right to Information
(RTI) Act, we direct the Bank to compensate the complainant by an amount of
Rs 2000. We direct the CPIO to remit this amount to the complainant within 15
working days from the receipt of this order by way of a demand draft.
7. The cases disposed of accordingly.
8. Copies of this order be given free of cost to the parties.
(Satyananda Mishra)
Chief Information Commissioner
CIC/SM/C/2009/000196
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)
Deputy Registrar
CIC/SM/C/2009/000196