Central Information Commission
Dr.Lal Chand Morani vs Idbi Bank on 28 March, 2012
CENTRAL INFORMATION COMMISSION
Club Building, Opposite Ber Sarai Market,
Old JNU Campus, New Delhi - 110067.
Tel: +91-11-26161796
Decision No. CIC/SG/C/2012/000269/18127
Complaint No. CIC/SG/C/2012/000269
COMPLAINT REMANDED TO : First Appellate Auhtority
IDBI Bank
WTC Complex,
Cuffe Parade,
Mumbai - 400 005
Complainant : Dr. Lal Chand Morani,
A-34, Kirti Nagar,
Tonk Road,
Jaipur, Rajasthan
Public Information Officer : Public Information Officer
IDBI Bank,
WTC Complex,
Cuffe Parade,
Mumbai - 400 005
Facts arising from the Complaint:
The Complainant has filed a RTI application with the PIO on 20-09-2011 asking for certain information. On not having received any reply from the PIO within the mandated time, he approached the First Appellate Authority (FAA) by filing a First Appeal on 16-12-2011. However, it appears that the FAA has not passed any order and therefore, the Complainant has approached the Commission by filing a Complaint on 26-03-2012 under Section 18 of the RTI Act.
Decision:
In view of the aforesaid, the instant mater 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 perusing the relevant documents and giving all concerned parties an opportunity to be heard.
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 off. The Commission shall be intimated of the same.
In the event, no information has been provided or if there are any deficiencies in the information furnished by the PIO, the FAA shall direct the PIO to provide the complete information in reply Page 1 of 2 to the RTI application dated 20-09-2011 to the Complainant, with a copy to the Commission. Further, the FAA shall also enquire and send an enquiry report to the Commission within 50 days from receipt of this order containing the reasons for not furnishing and/or the delay in furnishing the complete information by the PIO affixing responsibility and identifying the officer(s) so responsible, if any. Furthermore, the FAA shall send written submissions to the Commission within 50 days from receipt of this order explaining why no order was passed with respect to the First Appeal filed by the Complainant.
If the Complainant is not satisfied with the orders of the FAA, he/she will be free to move a Second Appeal before the Commission under Section 19(3) of the RTI Act.
The Complaint is disposed off.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi
Information Commissioner
28-03-2012
Enclosed: Copy of Complaint received on 26-03-2012;
Copy of First Appeal dated 16-12-2011; and
Copy of RTI application dated 20-09-2011.
(In any correspondence on this decision, mention the complete decision number.)(HA) Page 2 of 2