CENTRAL INFORMATION COMMISSION
B-Wing, 2nd Floor, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
Appeal No.2416/ICPB/2008
F.No.PBC/07/380
July 14, 2008
In the matter of Right to Information Act, 2005 - Section 18
[Hearing on 3.7.2008 at 12.00 noon]
Appellant : Mr. Virender Kumar Gupta
Public authority: Punjab National Bank
Mr. Anand Aggarwal, Chief Manager & CPIO
Present: For Respondents:
Mr. Anand Aggarwal, Chief Manager
Mr. V.K. Goel, CM (Law)
Appellant not present.
FACTS:
The appellant has sought information under RTI Act by his letter dated 12.07.2007
addressed to the PIO, office of the Senior Manager, Punjab National Bank, Nav Yug
Market, Ghaziabad requesting information pertaining to availability of Citizen Charter in
the said Bank and also amount spent on hospitality and customer care by the Bank during
the months from January 2007 to June 2007. Against the third query, he has requested
information pertaining to some draft issued in the name of the third party. Fourthly he
has asked for the details of designated Ombudsman of the Bank. Instead of providing
any reply to this application, the CPIO has given reply vide letter dated 20.07.2007 that
information is barred under section 3 and section 8(1)(j) of the RTI Act. Dissatisfied
with the reply furnished by CPIO, the appellant preferred first appeal and first AA has
given his decision on 13.8.2006 by which he has agreed with the stand taken by the
CPIO. This has resulted in filing of this appeal before the Commission without providing
any date. Though comments were called for on 23.11.2007 and 17.03.2008, no
comments were received from the public authority.
DECISION:
2. This case was taken up for hearing on 3.7.2008, which was attended by the present
CPIO and also the Chief Manager (Law). I have gone through the RTI application as
well as replies received in this connection. On the day of the hearing, they have produced
a letter, which he has sent to the appellant on 27.06.2008 by which he has provided a
copy of the citizen charter of the Bank. In respect of query no.2 he has taken a stand that
no separate amount has been provided under hospitality. However, they had held
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customer meet periodically. I, therefore, direct the CPIO to provide the particulars of
customers meet conducted between January 2007 to June 2007 and amount spent on
customer meeting can be provided to the appellant. In respect of query no.3 the appellant
is seeking information regarding the draft issued by third party which cannot be provided
under section 8(1)(j) of the RTI Act. Vide letter dated 27.06.2008, they have also
provided the particulars of AA. The point at issue is both the designated CPIO and AA
of the concerned zone at Meerut have not understood the RTI Act in its proper
perspective and given reply. The Commission has given a number of decisions regarding
applications being filed by Associations in the names of its secretaries, presidents,
directors of companies and the stand taken by the Commission is that the beneficial
provisions of the RTI Act should not be lost sight under the narrow definition of ‘citizen’
and therefore it has been decided by the Commission to extend this benefit to others also
even if an application is filed by an association or on behalf welfare body or a welfare
organization.
3. The Chief Manager (Law) has been appearing before the Commission on a
number of occasions and he has given clarification to the designated CPIO on the basis of
his clarification he has provided the reply on 27.06.2008. The Chief Manager (Law) has
also given an assurance before the Commission that they will issue general circulars to all
CPIOs regarding the interpretation of section 3 while denying this information when it is
filed by an association/group of citizens. It has been decided not to issue show-cause at
this juncture to the CPIO under section 20(1) of the RTI Act. In case in future if proper
interpretation is not there while applying this particular provision serious notice will be
taken by the Commission. The CPIO is once again directed to provide information in
respect of query no.2 within 15 days. On the above lines, 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. Anand Aggarwal, Chief Manager & CPIO, Punjab National Bank, (Law
Deptt.), Zonal Office, Meerut, UP
2. Mr. Virender Kumar Gupta, R/o 953/1, L.I.G. Madhavpuram, Avaw Vikas
Colony, Eastern Delhi Road, Meerut-250002
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