Central Information Commission
Appeal No.CIC/PB/A/2008/01188-SM dated 20.12.2007
Right to Information Act-2005-Under Section (19)
Dated: 20 October 2009
Name of the Appellant : M/s Arihant Saree Centre,
Name of the Public Authority : CPIO, State Bank of India
The Appellant was not present.
On behalf of the Respondent, the following were present:-
(i) Shri S.K. Singh, Branch Manager
(ii) Shri S. Mitra, Law Officer
The case was taken up for hearing on 23 September 2009.
2. In this case, the Appellant had, in his application dated December 20,
2007, requested the CPIO for disposing of his complaints. The CPIO replied
on July 12, 2008, that is nearly 6 months beyond the stipulated period and
refused to provide any information on the ground that the Appellant had
already filed an appeal before the Jodhpur Bench of the High Court. Not
satisfied with this reply the Appellant had moved the first Appellate
Authority on July 22, 2008. It is not clear if the Appellate Authority passed
any order on his appeal. The Appellant has filed this second appeal alleging
that he has received no information from the CPIO.
3. We heard this case through videoconferencing. The Appellant was not
present in spite of notice. The Respondent was present in the Lucknow
studio of the NIC. We heard his submissions. We are of the view that the
CPIO was wrong in denying the information on the ground that the Appellant
had already gone before the High Court in an appeal. That is no ground for
denying any information. The Right to Information (RTI) Act does not
provide for exemption from disclosure of information on such grounds. In
view of this, we direct the CPIO to provide to the Appellant within 10
working days from the receipt of this order the details about the action
taken on his four different letters/representations/complaints as listed in
his application.
4. We also direct him to explain to us in writing within 15 working days
from the receipt of this order the reasons for the inordinate delay on his
part in responding to the Appellant. If we do not receive his satisfactory
explanation within this time, we will proceed to decide on imposing penalty
on him in accordance with the provisions of Section 20 of the Right to
Information (RTI) Act.
5. With the above directions, the appeal is disposed off.
6. 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.
(Vijay Bhalla)
Assistant Registrar