Central Information Commission
Mahendra Prathap Yadav vs State Bank Of India on 15 March, 2017
CEIYTRAL INFORIUATION COMMISSIOIY
Club Building, Opposite Ber Sarai Market,
Old Jl{U Campus, New Delht - 1fOO67.
Tet +91-tL-26t6t796
Declslon No. CIC/DS I C l20r 1 /OO2Ol4/vS/o1663
Complalnt No. CIC/DS/ C I 2O1 UOO2Or4/VS
Date 3r.12.20ry
COMPLAINT REMAIYDED TO : First Appellate Authority
State Bank of India
O/o The Regional Manager
Durgalnrnd, Varanasi,
Uttar Pradesh - 22lOO4.
Complainant: Dr. Mahendra Pratap Yadav
S/o Late Shri Bejnath Yadav
Village - Kurni, Post - Samadhgartj
Distt. Jounpur, Uttar Pradesh.
hrblic Information Oflicer: Public Information Officer
State Bank of tndia
O/o The Branch Manager
Macheliseher, Jounpur
Uttar Pradesh.
Facts:
The Complainant has filed a RTI application with the PIO on 13.04.2009 asking for certain information. On not having received any reply frorn the PIO within the mandated time, he approached the First Appellate Authority (FAA) by filing a First Appeal on 27.O7.2009. However, it appears that the FAA has not passed any order and therefore, the Complainant has approached the Commission by filing a Complaint on 11.08.2011 under Section 18 of the RTI Act.
Decigion! In view of the aforesaid, the instant matter is now remanded to the FAA. The Commission hereby directs the FAA to decide the matter in accordance with the provisions of the RTI Act after peru documents and Slving all concerned parties an opportu"t}$ i* I 'r.f'!.la":\ 'i" t)r t f','r-r While deciding the matter, the FAA is directed to examine whether any information was provided by the PIo within the mandated period and if provided, whether it was complete, relevant and. correct. Where the-FAA is satisfied that the information-provided by the PIO is as per the records, the First Appeal shall be disposed of. The Commission shall be intimated about th'e same.
deficigncies in the information furnished by the plo, the FAA shall direct the PIO to provide the complete information in repiy to the Rfl.application dated 18.04.2009 to the cornplainant, with a .opy to the commission.
!\rrth.er, the FA'A shalr arso enquire and sbnd an enqulry report to the comtrdssion within 40 driys from receipt of this orj". ;il;i"g the reasons for not furnishing and/or the deray in furnishing the comprete infornnation by the PIo .m*i.rg responsibility and identifying so responsible, if any. Furthermore, the FAA shall the officer(s) send written subnaissions tl tne commissil;;t" lo o'"r. i;m receipt of this order why no orde.u^. p*.r.d with respect to .Tlq+"1og the First Appear fired by thp Complainant.
If the complainant is not satisfied urith tl.e ordeis he/she win be free to move a second Appeal of the FAA, before the commission under Section 19(3) of the RTI Act.
The Complaint ls dlsposed of.
Notige of this decision be given free of cost to the parties.
.,,1d-,fimi Information Commissloner Authenticated.true cop!.
lv.K; Sharma) Deslgnated Olflcer Enctrosed: Copy of Complaint received on l l.0g.20l l;
Copy of First Appeal dAted 2e.OT.2Ot1;
, and Copy of RTl. applicatiorr dated 13.04.20 r 1.