Central Information Commission
Mrtarun Kumar Baba vs National Bank For Agriculture And Rural ... on 8 July, 2014
Central Information Commission, New Delhi
File No. CIC/VS/A/2013/001073/SH
Right to Information Act2005Under Section (19)
Date of hearing : 8th July 2014
Date of decision : 8th July 2014
Name of the Appellant : Shri Tarun Kumar Baba,
Seemant Samvaad (Hindi Saptahik), Head
Office: 261, Ramleela Ground, Patel Nagar,
Dehradun, Uttrakhand
Name of the Public Authority : Central Public Information Officer,
National Bank for Agriculture and Rural
Development,
Uttarakhand Regional Office: 113/2, Rajpur
Road, Dehradun 248 001
The Appellant was not present.
On behalf of the Respondents, Shri T. K. Hazarika, CPIO was present at the NIC
Studio, Dehradun.
Information Commissioner : Shri Sharat Sabharwal This matter pertains to an RTI application dated 9.11.2012 filed by the Appellant, seeking information on four points regarding the number of employees in the Respondent public authority and "serious financial irregularities" found in the functioning of the State Cooperative Bank during the tenure of a particular functionary. The CPIO responded on 14.12.2012. With regard to query No. 1, he stated that the information was available on the website of NABARD. He denied information in response to queries No. 2 to 4 under Section 8 (1) (d) of the RTI Act. Not satisfied with the reply of the CPIO, the Appellant filed an appeal to the First Appellate Authority on 12.12.2012. In his order dated 21.12.2012, the FAA upheld the CPIO's reply. The Appellant approached the CIC in second appeal on 19.7.2013.
2. The Appellant was not present in spite of a written notice having been sent to him. In response to our query, the Respondents submitted that their inspection had revealed irregularities in the State Cooperative Bank. However, since the inspection report contained information regarding third parties, they had denied it under Section 8 (1) (d) of the RTI Act, as they hold this information as a matter of commercial confidence.
3. Having considered the records and the submissions made by the Respondents before us, we would like to give an opportunity to the third party in this case (State Co operative Bank) to make their submissions, if any, before we pass our final order.
September, 2014 at 10.00 a.m. th Accordingly, we will hear this matter again on 8 through video conferencing. The CPIO is directed to forward a copy of this order, along with a copy of the RTI application, to the State Cooperative Bank at the earliest and inform them to be present during the hearing on 8.9.2014, in case they wish to make any submission.
4. The venue for videoconferencing for the Appellant, the Respondents and the representative(s) of the State Cooperative Bank, for the hearing on 8.9.2014, will be as follows: NIC, District Centre, R. No. 18, Ground Floor, Collectorate, Dehradun - 248001.
The Contact Officer is Mr. Durgesh Chandra Thapliyal, Technical Director & DIO & contact No. 01352621246 / 2623259
5. Copies of this order be given free of cost to the parties.
Sd/ (Sharat Sabharwal) 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) Deputy Registrar