Central Information Commission
Appeal No.CIC/SM/A/2009/000294 dated 09-09-2008
Right to Information Act-2005-Under Section (19)
Dated: 1 December 2009
Name of the Appellant : Shri Nirmalya Bhattacharyya
Flat No. 10, Bihutoli,
2P/47, Jheel Road,
Bank Plot, Kolkata - 700 075.
Name of the Public Authority : CPIO, United Bank of India,
Head Office, 11,
Hemant Basu Sarani,
Kolkata - 700 001.
The Appellant was present in person.
On behalf of the Respondent, Shri Manish Bhatt was present.
2. In this case, the Appellant had, in his application dated September 9,
2008, requested the CPIO for the copies of the correspondence between the
CBI and the Bank regarding grant of sanction for prosecution. The CPIO
replied on October 18, 2008, that is belatedly, and denied the information
claiming that the matter was under investigation by the CBI and hence the
information was exempt from disclosure under Section 8(1) (h) of the Right
to Information (RTI) Act. Not satisfied with this reply, the Appellant
approached the first Appellate Authority on November 1, 2008. That
authority disposed of the appeal in this order dated November 12, 2008 in
which he concurred in the views of the CPIO. It is against this order that the
Appellant has come before the CIC in second appeal.
3. We heard this case through videoconferencing. Both the parties were
present in the Kolkata studio of the NIC. After hearing their submissions, we
are of the view that the following information could be disclosed in spite of
the pending disciplinary proceeding:
i) the correspondence between the CBI and the Bank on the matter of grant
of sanction for prosecution excluding the depositions of individual
witnesses, case diary and other such enclosures sent by the CBI;
ii) copy of the letter, if any, sent by the Bank to the CBI seeking copies of
the depositions, exhibits and/or copy of materials under Section 173 CrPC in
respect of the case against him in the court of the Special Judge, Guwahati.
4. The above information shall be provided to the Appellant by the CPIO
within 10 working days from the receipt of this order. The CPIO shall also
explain to us in writing if he had any reasonable cause for not providing the
desired information or responding to the Appellant within the stipulated
period of 30 days. If we do not hear from him within 15 working days from
receipt of this order, we will proceed to decide on imposition of penalty on
him as per the provision of Section 20 of the Right to Information (RTI) Act
without giving him any further opportunity of hearing. However, he may
indicate if he would like to have a personal hearing in the matter.
5. The appeal is, thus, 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