Appeal No.CIC/SM/A/2009/000044 Right to Information Act-2005-Under Section (19) Dated: 11 November 2009 Name of the Appellant : Smt. Swadeshi Kumari Gupta H.No.1068, New Housing Board Colony, Karnal, Haryana 132 001. Name of the Public Authority : CPIO, Oriental Bank of Commerce, Head Office, E Block, Connaught Place, New Delhi 110 001. The Appellant was represented by Shri Parvesh Chander Gupta. On behalf of the Respondent, the following were present:-
(i) Shri M.K. Prasad, CPIO,
(ii) Shri J.S. Kohli, SPIO,
(iii) Shri D.K. Gupta, Deputy Chief Manager
2. In this case, the Appellant had requested the CPIO for the certified copies of the instructions of stop payment of cheque No. 472687. The CPIO replied on May 22, 2008 and informed the Appellant that since the information sought pertained to a period nearly nine years old, it was not traceable immediately and that the CPIO would revert back to him in due course of time. Once again, the CPIO wrote on June 30, 2008 informing her that the copy of the instruction of stop payment could still not be traced in the Bank. In the meanwhile, the Appellant had already approached the first Appellate Authority in her appeal dated June 11, 2008. It is not clear if the first Appellate Authority disposed off that appeal at all. Since the Appellant did not receive any response from the first Appellate Authority, she chose to come before the Central Information Commission in second appeal.
3. Both the parties were present during the haring and made their submissions. The Appellant is aggrieved that the information sought has not been provided to her till now and that the first Appellate Authority did not pass any order on her appeal. The Respondent submitted that the copy of the stop payment instruction against this cheque was not traceable in the CIC/SM/A/2009/000044 records to the Bank. In regard to the first appeal of the Appellant, the Respondent submitted that the appeal was not addressed to the right Appellate Authority and had not been received in the office of the Appellate Authority. We feel that even if that appeal had not been addressed to the correct Appellate Authority in the Bank, whosoever received that appeal should have transferred it to the appropriate Appellate Authority immediately for further necessary action. It was the duty of that office and by not transferring the appeal to the first Appellate Authority that particular officer has erred in discharging his duty. We would strongly advise the authorities in the Bank to ensure that in future all appeals received from an Appellant, even if not addressed to the correct Appellate Authority should be immediately transferred to the Appellate Authority for further necessary action.
4. As far as the information sought is concerned, the Respondent submitted that in spite of searching for the records, they have not been able to locate any instruction in writing from the Appellant for stopping the payment of that cheque. In view of this, we direct the CPIO to inform the Appellant in writing within 10 working days from the receipt of this order, on an affidavit, that no written instruction from the Appellant for stopping payment against the cheque No. 472687 is available in the records of the Bank. He shall also provide a copy of the prevailing guidelines of the Bank on retention schedule of records.
5. With the above instructions, the appeal is disposed off.
6. Copies of this order be given free of cost to the parties. (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. (Vijay Bhalla) Assistant Registrar CIC/SM/A/2009/000044