CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2010/001018/10167
Appeal No. CIC/SG/C/2010/001018
Relevant Facts
emerging from the Appeal:
Complainant : Mr. Yugesh Kashyap
H. No. 72, Village & PO: Chawla,
New Delhi - 110071.
Respondent : Mr. Dilbagh Singh
PIO-I & Assistant General Manager
The Delhi State Cooperative Bank Limited
Head Office, 31, Netaji Subhash Marg,
Daryaganj, New Delhi - 110002.
RTI application filed on : 23/04/2010
PIO replied : 18/05/2010
First appeal filed on : Not Filed
Complaint received on : 04/08/2010
Hearing notice sent on : 21/10/2010
Hearing Held on : 25/11/2010
Information Sought:
Details of permanent and temporary employees of the said bank including Name, father’s name, Date of
appointment, Permanent/Temporary, Details of promotion, Educational qualification, Date of birth and
the class it belonged to.
Reply of the PIO:
The PIO vide his letter dated 18/05/2010 informed the Complainant that anyone who came under Section
139 of DCS Act 2007 could seek information. The Complainant was asked to let the authority know if he
came under the said section. Further vide his letter dated 17/06/2010, the PIO asked the Appellant to write
the information desired on the Committee’s letterhead so that the information could be provided.
Ground of the First Appeal:
Not appealed.
Ground of the Complaint:
Non-receipt of information from the PIO.
Relevant Facts emerging during Hearing:
The following were present:
Complainant : Mr. Yogesh Kashyap;
Respondent : Mr. A. P. Singh, AGM & PIO-II on behalf of Mr. Dilbagh Singh, PIO-I & AGM;
The Respondent has refused to give the information on complete untenable gourds telling the
Complainant that he must apply under the DCS Act. The Appellant has a right to apply for information
under Right to Information being a citizen of India and the PIO appears to be completely ignorant about
the law.
Decision:
The Complaint is allowed.
The PIO-II Mr. A. P. Singh is directed to provide the information free of cost to the
Complainant before 30 November 2010.
The issue before the Commission is of not supplying the complete, required information by Mr.
Dilbagh Singh, PIO-I & AGM within 30 days as required by the law.
From the facts before the Commission it is apparent that the PIO is guilty of not furnishing information
within the time specified under sub-section (1) of Section 7 by not replying within 30 days, as per the
requirement of the RTI Act.
It appears that the PIO’s actions attract the penal provisions of Section 20 (1). A showcause notice is
being issued to him, and he is directed give his reasons to the Commission to show cause why penalty
should not be levied on him.
Mr. Dilbagh Singh, PIO-I & AGM will present himself before the Commission at the above address on
30 December 2010 at 4.00pm alongwith his written submissions showing cause why penalty should not
be imposed on him as mandated under Section 20 (1). He will also bring the information sent to the
appellant as per this decision and submit speed post receipt as proof of having sent the information
to the appellant.
If there are other persons responsible for the delay in providing the information to the Appellant the
PIO is directed to inform such persons of the show cause hearing and direct them to appear before the
Commission with him.
This decision is announced in open chamber.
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
25 November 2010
(For any further correspondence in this matter, please quote the file number mentioned above.) (GJ)