Central Information Commission
Appeal No.CIC/PB/A/2008/00718-SM dated 08.04.2008
Right to Information Act-2005-Under Section (19)
Dated 22.01.2009
Appellant: Shri Ram Naresh Yadav
Respondent: Debts Recovery Tribunal
The Appellant is present in person.
On behalf of the Respondents, the followings are present:
(i) Sh. J. S. Mishra, Recovery Officer
(ii) Sh. R. K. Trivedi, Registrar
In addition Shri Ashok Arora, Sr. Manager, PNB is present as a third party.
The brief facts of the case are as under.
2. The Appellant had requested the CPIO for a number of information
concerning certain orders passed by the Debt Recovery Tribunal(DRT) for
recovery of dues. The CPIO, in his reply dated 29 December 2006, provided
item-wise information to the Appellant. Not satisfied with the reply, he filed an
appeal before the first Appellate Authority within the organisation. The first
Appellate Authority decided the appeal in his order dated 12 February 2008. That
Authority, in a speaking order, upheld the decision of the CPIO and disposed off
the appeal. The Appellant has now approached the Commission in second appeal.
3. During the hearing, both the Appellant and the Respondent made several
submissions. We also carefully examined the appeal memo and the documents
enclosed therewith. The Respondent claims that a copy of the appeal memo
before the Commission was never received by them though the Appellant claims
to have sent a copy to them earlier. However, after going through the records and
keeping the submissions made by both sides in view, we find that the CPIO had
indeed provided all the information as available to the Appellant within the
stipulated period. We find no infirmity in the order of the Appellate Authority
either. What appears to be the case is that the Appellant is not satisfied with the
decision of the DRT to recover certain dues from him without the concerned
Bank having deposited the requisite Court fees. This is a matter which has to be
adjudicated by the relevant Appellate Authority under the relevant act and not by
the Commission under the Right to Information Act. Since the information
sought has already been provided, we do not see any ground to entertain this
appeal and, hence, reject it.
4. Copies of this order be given free of cost to the parties.
Sd/-
(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.
Sd/-
(Vijay Bhalla)
Assistant Registrar