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Decision No. CIC/SM/A/2010/001648/SG/14627
Appeal No. CIC/SM/A/2010/001648/SG
Relevant facts emerging from the Appeal:
Appellant :Mr. Paramjit Singh Gill
H.No. 156, Gurunanak Nagar
Jarot Nagar, Village Sultanpur
PO Kakru
Ambala(Hr.)- 134007
Respondent : Mr. Vijay Sharma
CPIO & Section Officer
Debts Recovery Tribunal
Government of India
Ministry of Finance
SCO 39-40 1st & 2nd Floor,
Sec-8C Chandigarh
RTI application filed on : 19/05/2010
PIO replied on : 07/06/2010
First Appeal : 25/06/2010
First Appellate Authority order on : No Order
Second Appeal received on : 25/10/2010
Information Sought:
The Applicant has sent an application and complaint, registered post, Paramjit Singh Gill, Proprietor
M/s Gillson Paridhan, resident of H.No. 58, Phase-2 Jaggi Colony, Ambala City Versus 1. The State
Bank of Patiala, through Authorised Officer, Assets Recovery Branch, 99-107, Sector-8,
Chandigarh;2. The Branch Manager, State Bank of Patiala, Dhulkot Branch, Ambala City on
28/7/2009, applicant till date have not received any correspondence regarding the same from the
respondent's end. Please provide applicant information status detail of the above mentioned matters
and reasons why no correspondence as well listing of the same has been yet made.
Reply:
It is pertinent to mention here that SA No. 80/2009 filed by you has already been disposed off in your
presence vide order dated 22/05/2009 passed by Hon'ble Presiding Officer, Debts Recovery Tribunal-
I, Chandigarh. It seems that there has been no appeal filed by the appellant.
As regards appellant's present application dated 19/05/2010, it is obvious that any penalty for non-
compliance of RBI U/s 28 SARFAESI act,2002, no court below the court of metropolitan Magistrate
or Judicial Magistrate of the first class is empowered to take cognizance of offence U/S 30 of
SARFAESI Act and to try an offence punishable under this Act. Therefore, the present application
does not fall under the jurisdiction of CPIO & therefore the appellant is at liberty to approach the
competent authority in this regard.
Grounds for the First Appeal/ Complaint:
Information given by the PIO is not satisfactory.
Order of the First Appellate Authority (FAA):
No Order.
Ground of the Second Appeal:
Unsatisfactory reply by the PIO and No Order by the FAA.
Relevant Facts
emerging during Hearing:
The following were present
Appellant: Mr. Paramjit Singh Gill on video conference from NIC-Ambala Studio;
Respondent: Mr. Vijay Sharma, CPIO & Section Officer on video conference from NIC-Chandigarh;
The PIO has given the information but the Appellant wants cause list of the date on which his
case was listed.
Decision:
The Appeal is allowed.
The PIO is directed to provide an attested photocopy of the cause list of the day
on which the Appellant’s case was listed. If it has not been listed this would be stated.
The PIO will give this information to the Appellant before 05 October 2011.
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
16 September 2011
(In any correspondence on this decision, mention the complete decision number.) (MG)