Central Information Commission Judgements

Mr.Yashwant Singh Bhandari vs Punjab And Sind Bank on 16 September, 2011

Central Information Commission
Mr.Yashwant Singh Bhandari vs Punjab And Sind Bank on 16 September, 2011
                          CENTRAL INFORMATION COMMISSION
                            Club Building (Near Post Office)
                          Old JNU Campus, New Delhi - 110067
                                 Tel: +91-11-26161796

                                                        Decision No. CIC/SG/C/2011/000799/14651
                                                            Complaint No. CIC/SG/C/2011/000799


Complainant                         :        Mr.Yashwant Singh Bhandari,
                                             Gadhi Road Shyampur,
                                             P.O. - Satyanarayan Mandir,
                                             Teh. - Rishikesh, Distt. - Dehradun,
                                             Uttrakhand


Respondent                          :       Central Public Information Officer
                                            Punjab & Sind Bank, Zonal Office,
                                            49 Gandhi Road, Dehradun,
                                            Uttrakhand


Facts

arising from the Complaint:

The Complainant had filed a RTI application with the Respondent on 25/03/2011 asking for
certain information. On not having received any information within the mandated time the
Complainant filed a Complaint under Section 18 of the RTI Act before the Commission. On this basis,
the Commission issued a notice to the Respondent on 27/07/2011 with a direction to provide the
information to the Complainant and further sought an explanation for not furnishing the information
within the mandated time.

The Commission is in receipt of a copy of the Respondent’s letter dated 19/08/2011 addressed
to the Complainant wherein the information with respect to the RTI application has been given. It is
pertinent to note that there is a delay of over 90 days. However, no reasons for delay caused in
providing information to the Complainant have been provided.

On perusal of the records before the Commission it appears that information with respect to the
RTI application has been provided to the Complainant vide letter dated 19/08/2011.

Decision:

The Complaint is allowed.

From the facts before the Commission, it appears that the Respondent has not provided the
correct and complete information within the mandated time and has failed to comply with the
provisions of the RTI Act. The delay and inaction on the Respondent’s part in providing the
information, amounts to willful disobedience of the Commission’s direction and also raises a
reasonable doubt that the denial of information may be malafide.

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The Respondent is hereby directed to submit before this Commission his written submissions
to show cause why penalty should not be imposed and disciplinary action should not be recommended
against him under Section 20 (1) and (2) of the RTI Act for the delay caused in providing information
to the Complainant. Further, the Respondent may serve this notice to any other official(s) who are
responsible for this delay in providing the information, and may direct them to submit their written
submissions along with him. This should reach the Commission before 6th October 2011.

Notice of this decision be given free of cost to the parties.

Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.

Shailesh Gandhi
Information Commissioner
16th September 2011

(In any correspondence on this decision, mention the complete decision number.)(RJ)

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