Central Information Commission
Complaint No.CIC/SM/C/2009/000813 dated 22-09-2008
Right to Information Act-2005-Under Section (18)
Dated: 4 February 2010
Name of the Complainant : Shri Gaurav Gupta
S/o Late Shri Deepak Kumar Gupta,
Gujran Gate Sarghana,
Meerut.
Name of the Public Authority : CPIO, State Bank of India,
Local Head Office,
G.M. (NW-3), 11, Sansad Marg,
New Delhi - 110 001.
The Complainant was present along with Shri Manoj Kumar Gupta and
Shri Subash Chandra.
On behalf of the Respondent, the following were present:-
(i) Shri Anil Kumar Baheti, Manager (Law),
(ii) Shri S.K. Sinha, Chief Manager
In this case, the Complainant had requested the CPIO for some
information regarding some banking transactions in his application dated 22
September 2008. He complained to the SIC, Lucknow that he did not receive
any information from the CPIO concerned. That complaint has been received
in the CIC on transfer.
2. Both the parties were present during the hearing and made their
submissions. The Complainant submitted that the CPIO never responded in
the first place and he had been running around for getting the right
advice/information on this matter. All that he wanted to know was (a)
whether the outstanding amount in the account of his deceased father could
be converted into a fixed deposit and (b) the procedure for operating such
an account. Such information should have been provided to the Appellant
right at the level of the Branch itself where the account is maintained. It is
a pity that he has to seek such information through the right to information
route. Even then, he is yet to get clear and correct advice in the matter.
What the CPIO has offered till date to him on two separate occasions is a
series of clarifications about the procedures for operating accounts of
deceased persons; his main question on whether the outstanding amount in
his father’s account could be converted into a fixed deposit still remains
unanswered.
CIC/SM/C/2009/000813
3. In view of the above, we now direct the CPIO to inform the
Complainant within 10 working days from receipt of this order categorically
and clearly if the amount outstanding in the account of his deceased father
could be converted into a fixed deposit and also the exact procedure to be
followed if the said account has to be operated. The CPIO may also forward
a copy of the existing guidelines/rules, if any, in this regard.
4. The CPIO also owes an explanation for not providing any
response/information within the stipulated period. We direct him now to
explain in writing within 15 working days if he had any reasonable cause for
this. If we do not receive his explanation in time, we will proceed to decide
on the imposition of penalty as per the provisions of Section 20(1) of the
Right to Information (RTI) Act ex parte.
5. The Complainant submitted that he had undergone a lot of
harassment and financial loss on account of not getting any adequate and
clear information from the CPIO in this regard. He had been approaching
various authorities within the Bank through correspondence and commuting
long distances in search of the right information. We feel that there is
ample truth in his submission and that he needs to be compensated for this.
Therefore, in exercise of the powers conferred on us under Section 19(8) (b)
of the Right to Information (RTI) Act, we direct the public authority to
provide compensation to the Complainant to the tune of Rs 5000 by way of a
demand draft or Banker’s cheque towards the financial loss incurred by him
in the process of seeking information. The CPIO shall ensure that the
compensation is delivered to the Complainant within 30 working days from
the receipt of this order.
6. With the above directions, the case is disposed off.
7. 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/SM/C/2009/000813