Central Information Commission Judgements

Mr.Vivek Kumar vs Cbdt on 29 September, 2011

Central Information Commission
Mr.Vivek Kumar vs Cbdt on 29 September, 2011
                   CENTRAL INFORMATION COMMISSION
                     Room No.307, 2nd Floor, B-Wing, August Kranti Bhawan,
                           Bhikaji Cama Place, New Delhi-110066.
                                   Telefax : 011-26180532.
                                       Website : cic.gov.in

                                                                   Date : 29.09.2011


                          Complaint No. : CIC/DS/C/2011/000537

Complainant                  :       Shri Vivek, Ghaziabad
Public Authority             :       State Bank of India, NOIDA


                                           ORDER

The Commission has received a complaint petition, dated 24.11.2010 (Diary No.:84321) from
Shri Vivek, District Jail, Dasna, Ghaziabad stating that his/her RTI-application dated
10.09.2010 filed with the CPIO/Branch Manager, State Bank of India, Sector-12,
Noida(UP) has not been replied by the concerned CPIO (copy of the RTI Application enclosed).

2. The matter is remanded back to the CPIO with the following directions:

i. In case, no reply has been given by CPIO to the complainant to his/her RTI
request, the CPIO should furnish a reply to the complainant within two weeks of
receipt of this order.

ii. In case, CPIO has already given reply to the complainant in the matter, he/she
should furnish a copy of his/her reply to the complainant within one week of
receipt of this order.

iii. CPIO should invariably indicate to the complainant the name and address of the
1st Appellate Authority, before whom the complainant can file first appeal, if any.
A copy of CPIO’s reply will be endorsed to the Commission clearly indicating the case
number and reason for delay, if any, in providing information.

3. The CPIO is also directed to show cause as to why a penalty should not be imposed on
him for not providing the information within the stipulated time frame mentioned under
the RTI Act, 2005.

4. In case the complainant is not satisfied with the reply received from the CPIO, he/she,
under section 19(1) of the RTI Act, may file first-appeal before the FAA within the time
prescribed under the RTI Act.

5. On receipt of the first appeal from the petitioner as per the above directions, FAA should
dispose of the appeal within the period stipulated in the RTI Act.

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6. In case complainant still feels aggrieved by the decision of FAA, he/she shall be free to
approach the Commission in second appeal under section 19(3), along with complaint u/s
18, if any, within the prescribed time limit.

7. The replies / comments of the CPIO should reach in the Commission within ten (10)
working days from the date of receipt of this notice.

(Smt. Deepak Sandhu)
Information Commissioner (DS)

Authenticated true copy:

(T. K. Mohapatra)
U.S. & Dy. Registrar

Copy to :-

1.  Shri Vivek,
S/o Late Shri Dhule Ram,
Barrak No. 5 B
District Jail, Dasna
GHAZIABAD(UP)

   2.   Central Public Information Officer,

         State Bank Of India,

         C­10, Sector ­12,

         NOIDA(UP)

   3.   Regional Manager
State Bank of India
Region-V, RBO Noida

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