2024 Supreme(Online)(CIC) 2141
Page 1 of 3
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/UBIND/A/2022/649431
Gaddipati Suman
… अपीलकता/Appellant
VERSUS
बनाम
CPIO:
1. Union Bank of India
Mumbai
2. Union Bank of India
Warangal
…ितवादीगण/Respondent
Relevant dates emerging from the appeal:
RTI : 13.05.2022
FA
: 05.07.2022
SA
: 09.09.2022
CPIO : 26.05.2022
FAO : Not on Record
Hearing : 21.03.2024
Date of Decision: 22.03.2024
CORAM:
Hon’ble Commissioner
_ANANDI RAMALINGAM
The CPIO is obligated to provide information sought by an RTI applicant unless the information is exempt from disclosure under the RTI Act.
Headnote:
RTI - [INFORMATION SOUGHT] - [ACTION TAKEN REPORT ON REPRESENTATION]
Fact of the Case:
The appellant filed an RTI application seeking information on the status of his representation dated 07.05.2021. The CPIO transferred the request under Section 6 (3) of the RTI Act. Dissatisfied with the response, the appellant filed a First Appeal. The FAA’s order, if any, is not available on record. Aggrieved with the non-receipt of response from the FAA’s order, the appellant approached the Commission with the instant Second Appeal.
Finding of the Court:
The Commission observed that action taken on representation dated 07.05.2021 had already been provided by the concerned CPIO, while responding to the earlier RTI application, vide letter dated 11.11.2021. Further, the appellant neither produced complete documents before the Commission nor informed the Commission that the status of his representation dated 07.05.2021 had already been provided earlier.
Issues: Whether the CPIO was justified in not providing the information sought by the appellant.
Ratio Decidendi: The Commission held that the CPIO was not justified in not providing the information sought by the appellant. The Commission directed the CPIO to provide a reply to the instant RTI application as per the provisions of the RTI Act within 10 days from the date of the receipt of this order.
Final Decision: The Commission directed the CPIO to provide a reply to the instant RTI application as per the provisions of the RTI Act within 10 days from the date of the receipt of this order.
ORDER
1. The Appellant filed an RTI application dated 13.05.2022 seeking information on the following points:
- (i) Present status of my representation 2867/778481 dated 07 May 2021 forwarded to FGMO, Hyderabad through proper channel vide RO, Warangal letter HR:2021/312 dated 18 Aug 2021, and FGMO/Appellate Authority disposal order dated 05 Nov 2021 also refers.
- If any action initiated by FGMO, Hyderabad request copy of the same for my information.”
2. The CPIO transferred the request under Section 6 (3) of the Right to Information Act vide letter dated 26.05.2022.
3. Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 05.07.2022 alleging that the information provided was incomplete, false and misleading. The FAA’s order, if any, is not available on record.
4. Aggrieved with the non-receipt of response from the FAA’s order, the Appellant approached the Commission with the instant Second Appeal dated 09.09.2022.
5. The appellant and on behalf of the respondent Mr. P.G.R Naidu, A.G.M attended the hearing through video conference.
6. The appellant inter alia submitted that complete information had not been provided by the respondent. He requested the Commission to direct the respondent to provide an action taken report on his letter dated 07.05.2021.
7. The respondent while defending their case inter alia submitted that the appellant in his earlier RTI application had sought status of representation dated 07.05.2021 which was duly replied by the concerned CPIO. Moreover, in compliance of earlier FAA’s order dated 05.11.2021, the CPIO, Warangal had provided a point-wise reply to the appellant vide letter dated 11.11.2021. He further submitted that the appellant is now again seeking same information through present RTI application.
8. The Commission after adverting to the facts and circumstances of the case, hearing both parties and perusal of records, observes that action taken on representation dated 07.05.2021 had already been provided by the concerned CPIO, while responding to the earlier RTI application, vide letter dated 11.11.2021. Further, the appellant neither produced complete documents before the Commission nor informed the Commission that the status of his representation dated 07.05.2021 had already been provided earlier. Perusal of record further reveals that in the present case, the RTI application was forwarded to the CPIO, Warangal but no response has been provided from him.
Therefore, the Commission directs the CPIO, Warangal to provide a reply to the instant RTI application as per the provisions of the RTI Act. The said reply shall be sent to the appellant within 10 days from the date of the receipt of this order, under intimation to the Commission. With this observation, the appeal is disposed of. Copy of the decision be provided free of cost to the parties.
Sd/- (Anandi Ramalingam) (आनंदी रामलंगम आनंदी रामलंगम) आनंदी रामलंगम आनंदी रामलंगम Information Commissioner (सूचना सूचना आयु आयु) आयु आयु सूचना सूचना दनांक/Date: 22.03.2024 Authenticated true copy Col S S Chhikara (Retd) (कनल एस एस िछकारा (रटायड)) Dy. Registrar (उप पंजीयक) 011-26180514 Addresses of the parties:
1. The CPIO Union Bank of India, Nodal CPIO, RTI Cell, Central Office, 239, Vidhan Bhavan Marg, Nariman Point, Mumbai400021
2. The CPIO Union Bank of India, RM & Nodal CPIO, RTI Cell, Regional Office: Warangal, 1st Floor, Congress Bhavan, Hanamkonda, Warangal-506001
3. Gaddipati Suman