Central Information Commission
appeal No.CIC/PB/A/2008/00760-SM dated 27.02.2008
Right to Information Act-2005-Under Section (18)
Dated: 8 July 2009
Name of the Complainant : Shri Kuldip Raj Kaila,
S/o Late Shri Wadhawa Mal,
196/10, Kainthan, Dasuya - 144205.
Name of the Public : CPIO, Punjab National Bank, Amritsar.
Authority
The Complainant was not present in spite of notice.
On behalf of the Respondent, the following were present:-
(i) Shri M.S. Chauhan, Chief Manager
(ii) Shri Balbir Kumar, Sr. Manager
The brief facts of the case are as under.
2. The Appellant had, in his application dated 27 February 2008,
requested the CPIO for the copies of certain documents in respect of the
dispatch of a particular communication dated 17 January 2008. The CPIO
replied on 19 March 2008 and informed him that the present Power of
Attorney/authorisation did not authorise him as an Attorney to seek
information under the Right to Information (RTI) Act and did not provide any
information. Unsatisfied with this reply, he went an appeal to the Appellate
Authority on 24 March 2008. The Appellate Authority decided his appeal in his
order dated 2 April 2008 and decided not to interfere with the decision of the
CPIO. The Appellant has now challenged this order before the CIC in second
appeal.
3. The Appellant was not present during the hearing. On behalf of the
Respondent, it has been informed that the subject matter of this appeal has
since been transferred to the Jalandhar Circle Office. No one on behalf of the
CIC/PB/A/2008/00760-SM
Respondent was however present. We decided to go ahead with the hearing
in the absence of both the Appellant and Respondent, based on the records in
the file. The contention of the CPIO, in not providing any information, that
the Appellant did not have a proper authorisation from the person in whose
respect he was seeking this information does not seem to be correct. The
Appellant, as a citizen, had full right to seek information about anyone or
about any record held by the Public Authority. The information can be denied
from disclosure only under the express provisions of the Right to Information
(RTI) Act. In this case particularly, the Appellant had asked for copies of the
dispatch register and such other document in respect of a particular
communication, namely, the one dated 17 January 2008 and there was
nothing personal about this information for which a citizen including the
present Appellant needed to have an authority from anyone. Therefore, we
direct the CPIO to provide to the Appellant within 10 working days from the
receipt of this order, the copies of all the relevant documents sought by him.
4. With the above direction, the appeal 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
Copy to:
1. Shri Kuldip Raj Kaila, S/o Late Shri Wadhawa Mal, 196/10, Kainthan, Dasuya –
144205.
2. CPIO, Punjab National Bank, Amritsar
CIC/PB/A/2008/00760-SM