Central Information Commission
Mr.Shyam Narayan Gupta vs Department Of Financial Services on 23 January, 2012
CENTRAL INFORMATION COMMISSION
Room No.-307, 2nd Floor, B-Wing, August Kranti Bhawan
Bhikaji Cama Place, New Delhi-110066.
Telefax:011-26180532 & 011-26107254
Website : cic.gov.in
Date : January 23, 2012
Complaint No. : CIC/DS/C/2011/001046
Complainant : Shri Shyam Narayan Gupta, Ballia (Uttar Pradesh).
Public Authority : State Bank of India, Ballia / Varanasi.
ORDER
The Commission has received a complaint petition, dated 14/10/2010 (Diary No.:73158/2010) from Shri Shyam Narayan Gupta, Ballia (Uttar Pradesh) in respect of his/her RTI-application on 07/06/2010 filed with the CPIO, Branch Manager, State Bank of India, Sikanderpur, District - Ballia (Uttar Pradesh) (A Copy of RTI application is enclosed). Thereafter, the petitioner filed 1st Appeal before the First Appellate Authority of Public Authority. From the perusal of documents on record, it is seen that the same has not been adjudicated upon by the First Appellate Authority.
2. In order to avoid multiple proceedings under section 19 and 18 of the RTI Act, viz, appeals and complaints, the matter is remanded back to the CPIO with the following directions:
i. In case, no reply has been given by CPIO to the complainant to his/her RTI request, the CPIO should furnish a reply to the complainant within two weeks of receipt of this order.
ii. In case CPIO has already given reply to the complainant in the matter, he/she should furnish a copy of his/her reply to the complainant within one week of receipt of this order.
iii. CPIO should invariably indicate to the complainant the name and address of the 1 st Appellate Authority, before whom the complainant can file first appeal, if any.
iv. A copy of CPIO's reply will be endorsed to the Commission clearly indicating the case number and reason for delay, if any, in providing information.
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3. The CPIO is also directed to show cause as to why a penalty should not be imposed on him for not providing the information within the stipulated time frame mentioned under section 20 of the RTI Act, 2005.
4. In case the complainant is not satisfied with the reply received from the CPIO, he/she, under section 19(i) of the RTI Act, may file first-appeal before the FAA within the time prescribed under the RTI Act.
5. On receipt of the first appeal from the petitioner as per the above directions, FAA should dispose of the appeal within the period stipulated in the RTI Act.
6. In case complainant still feels aggrieved by the decision of FAA, he/she shall be free to approach the Commission in second appeal under section 19(3), along with complaint u/s 18, if any, within the prescribed time limit.
7. The replies / comments of the CPIO should reach in the Commission within ten (10) working days from the date of issue of this notice.
(Smt. Deepak Sandhu) Information Commissioner (DS) Authenticated true copy:
(T. K. Mohapatra) Dy. Secretary & Dy. Registrar [email protected] Copy to :-
1. Shri Shyam Narayan Gupta Village - Chakkhan, P.O. - Chetankishore, Sikanderpur, District - Ballia (Uttar Pradesh).
Contact No.:09506211408.
2. Central Public Information Officer Branch Manager, Page 2 State Bank of India, Sikanderpur, District - Ballia (Uttar Pradesh).
3. First Appellate Authority under RTI Assistant General Manager, Regional Office-3, State Bank of India, Administrative Office, Varanasi (Uttar Pradesh).
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