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[Cites 3, Cited by 0]

Central Information Commission

Mr. Jaipal Singh vs Indian Overseas Bank on 9 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/2012/000204/17602
                                                      Complaint No. CIC/SG/C/2012/000204

COMPLAINT REMANDED TO :                     First Appellate Authority
                                            India Overseas Bank
                                            Central Office
                                          763 Anna Salai
                                          Chennai-600 002


Complainant                         :      Mr. Jaipal Singh
                                           Village-Katarpur
                                           Kankhal, Pargana-Jwalapur
                                           Tehsil & Dist. - Haridwar
                                           Uttarakhand


Public Information Officer          :      Public Information Officer
                                           O/o Chief Regional Manager
                                           Indian Overseas Bank
                                           LIC Bldg., Mangal Pande
                                           Opp. Chaudhary Charan Singh University
                                           Meerut - 250 005

Facts arising from the Complaint:

The Complainant has filed a RTI application with the PIO on 10-12-2011asking 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 17-01-2012. However, it appears that the FAA has not passed any order and therefore, the Complainant has approached the Commission by filing a Complaint on 28-02-2012 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 Page 1 of 2 per the records, the First Appeal shall be disposed of. 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 to the RTI application dated 10-12-2011to 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
                                                                                                09 March 2012


Enclosed:             Copy of Complaint received on 06-03-2012;
                      Copy of First Appeal dated 17-01-2012; and
                      Copy of RTI application dated 10-12-2011.


(In any correspondence on this decision, mention the complete decision number.) DE Page 2 of 2