| SooperKanoon Citation | sooperkanoon.com/77451 |
| Court | Central Information Commission CIC |
| Decided On | Oct-12-2011 |
| Appellant | Mr.Suresh Gopal Redkar |
| Respondent | Bank of India |
Decision No. CIC/SM/A/2010/001619/SG/15148 Appeal No. CIC/SM/A/2010/001619/SG Relevant facts emerging from the Appeal: Appellant : Mr. Suresh Gopal Redkar, House No. 101, Pedawaddo, Near Railway gate, Pedda, Margoa - Goa Central Public Information officer, Bank of India, Zonal Office, Dempo house, Campat , Panaji, Goa – 403 001 19/07/2010 16/08/2010 08/09/2010 23/09/2010 22/11/2010 Reply of PIO Concerned PIO replied that the requested information is not available with the branch. Therefore we are unable to provide the same. However the concerned PIO enclosed the vouchers which were available at the branch.
Respondent
:
RTI application filed on PIO replied on First Appeal filed on First Appellate Authority order on Second Appeal received on Q.No 1.
: : : : :
Query Please provide the date and month wise details of the amount handed over by the Quepern Branch towards the payment of electricity water, telephone bills and purchase of stationery and the names of sepoy/ messenger / hamal etc for the period from January 98 to December 2002.
2.
Kindly furnish the dates of the actual Same as response to query No .1 . payment of the said bills by the respective Hamal/ of the payment of electricity, water, telephone bills and the purchase of stationery/ Messenger.
Grounds for the First Appeal: Reply of the PIO was dissatisfactory. Order of the First Appellate Authority (FAA): According to the FAA’s order the information sought in para (1) & (2) cannot be provided as it is exempted under the RTI Act under 8 (1) (d) & (j) and for rest the vouchers have already been furnished by the PIO. Ground of the Second Appeal: Information furnished by the PIO was not satisfactory & the FAA’s order were dissatisfactory.
Relevant Facts emerging during Hearing: The following were present Appellant : Mr. Srinath representing Mr. Suresh Gopal Redkar on video conference from NIC-Goa Studio; Respondent : Absent; The Appellant states that whereas the PIO has stated that the records are not available, the First Appellate Authority (FAA) has claimed exemption under Section 8(1) of the RTI Act. He therefore states that the information must be available. If the information is available neither the PIO nor the FAA has justified how this information would be exempt under Section 8(1) of the RTI Act. The Commission therefore directs the PIO to provide an inspection of the records for the period 1998 to 2002 to the Appellant if they are available. If they are not available the PIO should give an affidavit stating this to the Appellant. The PIO is directed to facilitate an inspection of the relevant records by the Appellant on 09 November 2011 from 10.30AM onwards at the office of the PIO.
Decision: The Appeal is allowed. The PIO is directed to facilitate an inspection of the relevant records by the Appellant on 09 November 2011 from 10.30AM onwards. If the records available the PIO will provide attested copies of records relevant to the RTI query to the Appellant. If the records are not available the PIO will give an affidavit sating that the records are not available on that day.
This decision is announced in open chamber. Notice of this decision be given free of cost to the parties. Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi Information Commissioner 12 October 2011
(In any correspondence on this decision, mention the complete decision number.) (ved)