Central Information Commission
Mrs. Mamta Jain vs United Commercial Bank (Uco) on 3 April, 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/2012/000298/18245
Complaint No. CIC/SG/C/2012/000298
COMPLAINT REMANDED TO First Appellate Authority
UCO Bank
28, Naval Kishore Road
Sky Lark Building, 3rd Floor,
Hazratganj, Lucknow - 226 001
Complainant Mrs. Mamta Jain
10/69 Sorbhiyan, Near Jain Mandir
Saharanpur - 247 001
Public Information Officer Public Information Officer
UCO Bank
Zonal Office
Mawana Road, Ganganagar
Meerut
Facts arising from the Complaint:
The Complainant had filed a RTI application with the PIO on 28-07-2011 asking for certain information. He received a reply from the PIO, which he found unsatisfactory. The Complainant therefore filed a Complaint with the Commission 26-03-2012 under Section 18 of the RTI Act.
It must be noted that there is an alternate and efficacious remedy of First Appeal available under section 19(1) of the RTI Act. It appears that the Complainant has failed to avail the same in the instant case. Consequently, the First Appellate Authority (FAA) has not had the chance to review the PIO's decision as envisaged under the RTI Act.
Decision In view of the aforesaid, the instant mater is remanded to the FAA.
The Commission hereby directs the FAA to treat the copy of the Complaint (enclosed herewith) as the First Appeal and decide the matter in accordance with the provisions of the RTI Act after giving all concerned parties an opportunity to be heard.
The FAA is directed to peruse all the relevant documents during the hearing and examine whether the information provided by the PIO is 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. In the event, there are any deficiencies in the information provided by the PIO, the FAA shall direct the PIO to provide the complete information in reply to the RTI application dated 28-07-2011 to the Complainant.
The Complaint is disposed off.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi Information Commissioner 03 April 2012 Enclosed: Copy of Complaint received dated 26-03-2012.
Copy of PIO's reply dated 07-09-2011; and Copy of RTI application dated 28-07-2011 .
(For any further correspondence in this matter, please quote the file no. mentioned above.) DE