Central Information Commission
Mr.Satendra Kumar Jain vs Punjab National Bank on 15 December, 2010
Central Information Commission, New Delhi
File No.CIC/SM/A/2010/000784
Right to Information Act2005Under Section (19)
Date of hearing : 15 December 2010
Date of decision : 15 December 2010
Name of the Appellant : Shri Satendra Kumar Jain
S/o. Shri Roopchand Jain,
125, Suthrashahi, Muzaffarnagar.
Name of the Public Authority : CPIO, Punjab National Bank,
Zonal Office, 68, Kambal Bala Bagh,
New Mandi, Muzaffarnagar.
The Appellant was present in person.
On behalf of the Respondent, Shri Dharamveer was present.
Information Commissioner : Shri Satyananda Mishra Decision Notice Appeal allowed Elements of the decision:
Section 6(2) CPIO is directed to provide information - show cause notice.
2. We heard this case through videoconferencing. Both the parties were present in the Muzaffarnagar studio of the NIC. We heard their submissions.
3. The Appellant had sought a number of information regarding the loans CIC/SM/A/2010/000784 sanctioned under the Tieup scheme. The CPIO had refused to disclose the information on the strange plea that the Appellant had no relationship with the information sought. Even the Appellate Authority had endorsed this decision. We find this preposterous. Nearly 5 years after the Right to Information (RTI) Act came into being, for any CPIO or Appellate Authority to refuse information on the ground that the information seeker did not seem to have any connection with the information is totally unacceptable. Section 6(2) of the Right to Information (RTI) Act clearly states that no information seeker shall be required to give any reason for requesting the information. The CPIO obviously violated these provisions when he decided not to disclose the information. He is liable for penalty under Section 20(1) of the Right to Information (RTI) Act. Before deciding on imposing any penalty on him, we will like to give him an opportunity of hearing. We, therefore, direct him to appear before the Commission (Room No.8, Club Building, Old JNU Campus, Opp. Ber Sarai Market, New Delhi) on 10 February 2011 at 1.00 p.m and explain the reasons for refusing the information.
4. After carefully considering the submissions of both the parties, we also direct the CPIO to provide to the Appellant within 10 working days from the receipt of this order all available information against his queries including photocopies of the circulars/guidelines, if any, except, however, those relating to thirdparty customer accounts.
5. With the above directions, the appeal is disposed off.
6. Copies of this order be given free of cost to the parties.
(Satyananda Mishra) CIC/SM/A/2010/000784 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/A/2010/000784