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[Cites 2, Cited by 0]

Central Information Commission

K A Mathew vs State Bank Of India on 26 August, 2019

Author: Suresh Chandra

Bench: Suresh Chandra

                               के   ीय सूचना आयोग
                         Central Information Commission
                             बाबागंगनाथमाग ,मुिनरका
                          Baba GangnathMarg, Munirka
                          नई द ली, New Delhi - 110067

ि तीय अपील सं या / Second Appeal No. CIC/SBIND/A/2017/174772


Shri K A Mathew                                           ... अपीलकता /Appellant


                                      VERSUS
                                       बनाम


CPIO, State Bank of India,
Pathanamthitta.                                      ... ितवादीगण /Respondents

Relevant dates emerging from the appeal:

RTI : 13.06.2017             FA   : 17.08.2017         SA     : 25.09.2017

CPIO : No reply              FAO : No order            Hearing: 18.07.2019

                                    ORDER

(26.08.2019)

1. A Show Cause Notice was issued to the CPIO, State Bank of India, Regional Manager-3, AO Kollam, Thiruvalla, Ennikattil Buildings M C Road, Thiruvalla, Pathanamthitta in compliance of the Commission's order no. CIC/SBIND/A/2017/174772 dated 18.06.2019 for not responding to the RTI application even after lapse of 2 years. The CPIO was directed to submit an explanation as to why action under Section 20(1) of the RTI Act should not be initiated against him.

Page 1 of 4

Hearing on 14.06.2019:

2. The appellant was heard through Video Conference and the respondent remained absent.

Interim Decision (18.06.2019):

3. The Commission passed the following directions on 18.06.2019:

"6. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of records, notes that neither the CPIO nor the Appellate Authority has taken pain to reply to the appellant even after a lapse of over 2 years and even after a notice from the Central Information Commission. The conduct of the respondent is viewed seriously. Since the respondent was not present in the hearing, the reason for the same could not be ascertained. Hence, Registry of this Bench is directed to issue a Show Cause notice to the CPIO, State Bank of India, Regional Manager-3, AO Kollam, Thiruvalla, E Nnikattil Buildings M C Road, Thiruvalla, Pathanamthitta as to why action under Section 20(1) of the RTI Act should not be initiated against him. A written explanation should be furnished to the Commission within 4 weeks and before that appropriate information/reply may also be furnished to the appellant."

Hearing on 18.07.2019:

4. Appellant attended the hearing through video conference and the respondent remained absent.

5. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records, notes that respondent was not present before the Commission despite show cause notice. It shows their non seriousness towards the RTI Act as well as the Commission which would undermine to the very objectives of the RTI Act. However, in the interest of justice, the Page 2 of 4 Commission gives final opportunity to the respondent to present their case. Accordingly, the Registry of this Bench is directed to issue a fresh show cause notice to the CPIO, State Bank of India, Regional Manager-3, AO Kollam, Thiruvalla, E Nnikattil Buildings M C Road, Thiruvalla, Pathanamthitta as to why action under Section 20(1) of the RTI Act should not be initiated against him. All the written explanations must reach to the Commission within 15 days. Meanwhile, the respondent is directed to provide a revised reply to the RTI application within 10 days from the date of receipt of this order.

Copy of the decision be provided free of cost to the parties.

Sd/-

(Suresh Chandra) (सुसुरेशचं ा) ा Information Commissioner(सूसूचनाआयु ) दनांक/ Date:26.08.2019 Authenticated true copy (अिभ मािणत स यािपत ित) (R. Sitarama Murthy) (आर. सीताराम मू त) Deputy Registrar (उपपंजीयक) 011-26181927(०११-२६१८१९२७) Page 3 of 4 Addresses of the parties:

THE CPIO, STATE BANK OF INDIA REGIONAL MANAGER-3 , AO KOLLAM, THIRUVALLA, ENNIKATTIL BUILDINGS M C ROAD, THIRUVALLA, PATHANAMTHITTA (EARLIER STATE BANK OF TRAVANCORE) FIRST APPELLATE AUTHORITY GENERAL MANAGER- I, STATE BANK OF INDIA, LOCAL HEAD OFFICE POOJAPURA, THIRUVANANTHAPURAM-695012 K A MATHEW Page 4 of 4