Appeal No. CIC/PB/A/2007/00765 -SM dated 02.08.2008 Right to Information Act2005 Under Section (19) Dated 01.01.2009 Appellant: T. B. Singh Respondent: Central Bank of India Neither the Appellant nor the Respondents is present inspite of notice. The brief facts of the case are as under:
2. The Appellant approached the CPIO through his application dated 12 September 2007 asking for information about the names of all the candidates who appeared in the test conducted between April 2002 and July 2003 for promotion from clerical cadre to the officer cadre. The CPIO did not reply within the stipulated period and, hence, the Appellant filed an appeal before the Appellate Authority on 2 November 2007. The Appellate Authority, in his order dated 28th of November 2007, directed the CPIO concerned to dispose off the Appellants original application in accordance with law and did not pass any order on the merit of the case. Thereafter, the CPIO, in his letter dated 30 November 2007, refused to disclose the names of the candidates on the ground that such information was held by the Bank in fiduciary relationship and concerned third party. He further held that the disclosure of such information was exempt under Section 8(1) (d), (e) and (j) of the Right to Information Act. The Appellant instead of appealing before the First Appellate Authority has now approached the Commission directly in second appeal.
3. It is noted that the Appellant did not approach the Appellate Authority against the order of the CPIO and has straightaway approached the Commission. In fact, as per the provisions of the Right to Information Act, the Appellant is supposed to prefer an appeal before the Appellate Authority within the organisation before coming to this Commission. We, therefore, remand this case to the Appellate Authority with the direction that he should hear and decide this case within 10 working days from the receipt of this order and after hearing the Appellant. Thereafter, if the Appellant is still not satisfied, he may approach the Commission in second appeal. The Appellate Authority is also directed to obtain the explanation of the CPIO on the delay and forward to us with his comments within 15 days of receipt of this order on why the CPIO concerned should not be penalised under Section 20 of the Right to Information Act for not responding to the original application within the stipulated period of 30 days to enable us decide on the desirability and the quantum of penalty to be imposed on the CPIO for the delay in responding to the application for information filed by the Appellant.
4. With the above directions, we dispose off this appeal. Copies of this order be given free of cost to the parties. Sd/- (Satyananda Mishra) Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges prescribed under the Act to the CPIO of this Commission. Sd/- (Vijay Bhalla) Assistant Registrar