Central Information Commission
Complaint No.CIC/PB/C/2008/00881-SM dated 12.06.2008
Right to Information Act-2005-Under Section (18)
Dated: 27 July 2009
Name of the Complainant : Shri A. Saxena,
1/16, Civil Lines, Phoos Bungalow,
Opp. Officers Club, Fatehgarh,
Uttar Pradesh.
Name of the Public Authority : CPIO, State Bank of India,
Local Head Office,
Lucknow.
The Complainant was not present.
On behalf of the Respondent, Shri Gougata Mitra, Dy. Manager (Law),
was present.
2. The brief fact of the case is that in his application dated 12 June
2008 the Complainant had requested the Branch Manager for certain
information regarding the payment of his Leave Encashment Dues. His
application was transferred to the CPIO concerned in the Local Head Office
on 21 June 2008. However, the CPIO did not reply to him within the
stipulated period and eventually wrote to him on 2 September 2008
providing the desired information. In the meanwhile, however, the
Complainant had sent this complaint to the Central Information Commission
for not having received any reply from any Authority.
3. The Complainant was not present during the hearing. The
Respondent submitted that though his application for information had been
transferred by the Branch Manager concerned in time, the CPIO did not
provide the information within the stipulated period on account of the fact
that there was a restructuring of the office taking place around that time
which delayed the disposal of this case and that eventually the CPIO
provided the information on September 2, 2008. This explanation is not a
very satisfactory one. If the offices were being restructured and there was
problem in collecting the information, the CPIO should have replied to the
information seeker within the stipulated period informing about this. He did
CIC/PB/C/2008/00881-SM
not do so. The delayed action on his part, therefore, attracts the provisions
of Section 20 of the Right to Information (RTI) Act and he has rendered
himself liable for imposition of penalty. However, before imposing any
penalty for the delay in providing the information, we would like the CPIO
to explain in writing within 15 working days from the receipt of this order
reasons for his not taking any action on this request. If we do not receive
his explanation in time, we will proceed to decide on the penalty to be
imposed.
4. With the above direction, the complaint is disposed off.
5. 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
CIC/PB/C/2008/00881-SM