Central Information Commission
Mr. Shiv Kumar Lekhpal vs Allahabad Bank on 11 January, 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/2012/000027/16790
Complaint No. CIC/SG/C/2012/000027
COMPLAINT REMANDED TO : First Appellate Authority
O/o General Manager (BE & SS)
Allahabad Bank
Head Office,
2, N.S. Road, Kolkata-700001
Complainant : Mr. Shiv Kumar Lekhpal
S/o Mr. Lakhpat
Village-Mawariya Post-Rudragarh Nausi
Pargana, Tehsil & Dist. Gonda
Uttar Pradesh
Public Information Officer : Public Information Officer
Branch Manager
Allahabad Bank
Mankapur Branch, Dist. Gonda
Uttar Pradesh
Facts arising from the Complaint:
The Complainant has filed a RTI application with the PIO on 12.07.2011asking for certain information. On not having received any reply from the PIO within the mandated time, he approached the Commission directly by filing a Complaint under Section 18 of the RTI Act on 06.01.2012.
Upon perusal of the Complaint, it was observed that the Complainant did not utilize the channel of the First Appellate Authority-as prescribed under the RTI Act. The Commission is therefore instituting an enquiry as per the provision of Section 18(2) 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 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 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, Page 1 of 2 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 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 12.07.2011 to the Complainant, with a copy to the Commission. Further, the FAA shall also enquire and send an enquiry report to the Commission 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, if the Complainant is not satisfied with the orders of the FAA, he will be free to move a Second Appeal before the Commission under Section 19(3) of the RTI Act.
The Complaint is disposed of.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi Information Commissioner 11 January 2012 Enclosed: Copy of Complaint received on 06.01.2012; and Copy of RTI application dated 12.07.2011.
(In any correspondence on this decision, mention the complete decision number. DE Page 2 of 2