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Decision No. CIC/SM/A/2011/000983/SG/14962
Appeal No. CIC/SM/A/2011/000983/SG
Relevant facts emerging from the Appeal:
Appellant : Sh. Brijmohan
27/160, habeli bahadur khaan
Maingate(Pathvari)
Agra(UP)-282004
Respondent : Mr. V K Gupta
CPIO & DZM,
Bank of India,
Sanjay Place, LIC Building
Agra- 282002
RTI application filed on : 13/08/2010
PIO replied on : 11/09/2010
First Appeal : 14/09/2010
First Appellate Authority order on : 19/10/2011
Second Appeal received on : 17/03/2011
Information Sought:
As a writ petition no. 10217/24 filed in the Allahabad High Court which relates to Bank of India
versus the appellant, appellant was placed as a peon after Subhash Chand, but he was misleadingly
ousted. Appellant wrote an application to the Bank Manager, for resuming his service. Appellant
seeks information regarding his appointment and removal from the services.
Reply:
Appellant was never appointed as a peon, and there is no such record in the office.
Grounds for the First Appeal/ Complaint:
Not satisfied with the Information given by the PIO.
Order of the First Appellate Authority (FAA):
The writ 10217/1994 was filed in 1994, record of which is not available. Authority is trying to find
out the particulars of the case. Getting information from the court is taking time. Information would
be provided to the appellant in 15-20 days.
Ground of the Second Appeal:
Unsatisfactory reply by the FAA.
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Relevant Facts
emerging during Hearing:
The following were present
Appellant: Sh. Brijmohan
Respondent: Mr. V K Gupta, CPIO & DZM, on Video Conferencing from NIC Studio Agra
The CPIO states that information as per orders of the First Appellate Authority has been sent to the
Appellant on 23/09/2011. The PIO submits that the case is still pending in the court and the
information as directed by the FAA has been sent to the Appellant. The Commission observes that
the FAA has ordered on 14/10/2010 that information would be provided within in 20 days to the
Appellant, instead the information has been sent to the Appellant on 23/09/2011.
The Respondent states that the then CPIO was Mr. B N Bhatia, Deputy Zonal Manager was
responsible for implementing the order of the First Appellate Authority, presently posted at Delhi
Decision:
The Appeal is allowed.
The information is claimed to have been sent to the appellant.
The issue before the Commission is of not supplying the complete, required information by the
then CPIO Mr. B N Bhatia within 30 days as required by the law.
From the facts before the Commission it appears 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. He has further refused to obey the orders of his superior officer,
which raises a reasonable doubt that the denial of information may also be malafide. The First
Appellate Authority has clearly ordered the information to be given.
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.
He will present himself before the Commission at the above address on 25 October 2011 at
10.30am alongwith his written submissions showing cause why penalty should not be imposed on
him as mandated under Section 20 (1).
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. If no other responsible persons are brought by the persons asked to
showcause hearing, it will be presumed that they are the responsible persons.
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
30th September 2011
Copy to:
Mr. B N Bhatia
AGM,
Bank of India,
Sansad Marg Branch,
New Delhi – 110001
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