Central Information Commission
Complaint No.CIC/SM/C/2009/001132 dated 07052009
Right to Information Act2005Under Section (18)
Dated: 17 May 2010
Name of the Complainant : Shri Subhash Chandra Dash
S/o Late Shri Narasing Dash,
Partnera of Hotel Narasingh Dash,
Main Road, Nabrangpur - 764 059.
Name of the Public Authority : CPIO, Utkal Gramya Bank,
Controlling Office Maharanipeta,
Jeypore, Distt - Koraput,
Orissa - 764 001.
The Complainant was present in person.
On behalf of the Respondent, the following were present:
(i) Shri K. Sudhakar Rao,
(ii) Shri P.K. Tripathi
2. In this case, the Complainant had, in his application dated 7 May 2009,
requested the CPIO for the reasons for the Bank not taking any legal action in
time for recovery of his loan which had become NPA in 2000. In his reply dated
11 May 2009, the CPIO advised him that his queries where vague and
irrelevant and therefore there was no information to be shared. It is against this
that the Complainant has directly come to the CIC instead of preferring an
appeal before the Appellate Authority.
CIC/SM/C/2009/001132
3. We heard this case through videoconferencing. The Complainant was
present in the Nabarangapur studio of the NIC along with his representative.
The Respondents were present in the Koraput studio. We heard their
submissions. It is true that the Complainant has asked for the reasons about
why the Bank did not initiate legal action against him for recovery of the loan. If
such information is held in the form of any record or file, the CPIO must provide
a copy of that. However, if no such information is held in any file or document,
obviously, the CPIO cannot be expected to create it anew. Therefore, we direct
the CPIO to provide to the Appellant within 10 working days from the receipt of
this order, the photocopy of the relevant file/record wherein the reasons for the
Bank not initiating any legal action against the Appellant after he became a
defaulter are recorded. If there is no such record or file containing such
information, the CPIO shall, in a sworn affidavit, state that the reasons for not
initiating any legal action earlier are not available.
4. With the above direction, the appeal is disposed off.
5. 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.
CIC/SM/C/2009/001132
(Vijay Bhalla)
Assistant Registrar
CIC/SM/C/2009/001132