2023 Supreme(Online)(CIC) 3172
केीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग ,मुिनरका
Baba Gangnath Marg, Munirka
नई दली, New Delhi – 110067
ितीय अपील संया / Second Appeal No.CIC/PNBNK/A/2021/145487
Sunita Jain
… अपीलकता /Appellant
VERSUS
बनाम
CPIO: Punjab National Bank,
Malda, West Bengal
…ितवादीगण/Respondents
Relevant dates emerging from the appeal:
RTI : 17.06.2021
FA
: 30.07.2021
SA
: 25.10.2021
CPIO : No Reply
FAO : No Order
Hearing : 23.03.2023
CORAM:
Hon’ble Commissioner
SHRI SURESH CHANDRA
ORDER
(15.05.2023) 1. The issue under consideration arising out of the second appeal dated 25.10.2021 include non-receipt of the following information sought by the appellant through the RTI application dated 17.06.2021 and first appeal dated 30.07.2021:-
(i) Please inform the date of issue of notice to third party (which is mandatory as per requirement of section 11 of R.T.I. Act, 2005 with respect to the letter number 65 xx dated 04.06.2021 (ii) Please provide a certified copy of notice as stated in above point no. (i) (iii) Please also provide a copy of dispatch register vide which the above notice was sent to the third party & also provide a copy of receiving with date of notice by third party (as a documentary proof of compliance of section 11).
(iv) Please intimate the date of receipt of reply of above notice in the office of P.I.O.
(v) Please also give a certified copy of reply of notice by third party.
(vi) Please also inform whether CPIO/PIO has complied the requirement (Legal requirement) of section 11 of R.T.I. Act, 2005.
2. Succinctly facts of the case are that the appellant filed an application dated 17.06.2021 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Punjab National Bank, Malda, West Bengal, seeking aforesaid information. The CPIO did not give any reply to the appellant. Aggrieved by the same, the appellant filed first appeal dated 30.07.2021. The First Appellate Authority (FAA) did not pass any order. Aggrieved by that, the appellant filed second appeal dated 25.10.2021 before the Commission which is under consideration.
3. The appellant has filed the instant appeal dated 25.10.2021 inter alia on the grounds that no reply was received from the respondent. The appellant requested the Commission to direct the CPIO to provide the complete information and take necessary action as per Section 20 (1) of the RTI Act.
4. Perusal of the records submitted by the appellant while filing the second appeal dated 25.10.2021 reveals that neither the CPIO nor the FAA provided any information or any reply to the appellant.
5. The appellant remained absent and on behalf of the respondent Shri Debashish Sahu, Chief Manager and CPIO, Punjab National Bank, Malda, attended the hearing through video conference.
5.1. The respondent while defending their case inter alia submitted that the letter referred to in the RTI application was unclear and illegible. Therefore, they could not provide the requisite information to the appellant.
6. The Commission after adverting to the facts and circumstances of the case, hearing the respondent and perusal of records, observed that no reply or information has been given to the appellant till the date of hearing. It may be noted that the appellant had not enclosed a copy of the letter dated 04.06.2021 referred to in the RTI application. In view of the above, the appellant is advised to send a copy of the letter dated 04.06.2021 to the respondent and the respondent is directed to provide point-wise reply/information to the appellant within two weeks from the date of communication from the appellant. With these observations and directions, the appeal is disposed of.
Copy of the decision be provided free of cost to the parties.