CIC: Revisit the RTI application and provide the action taken report - PIO furnished the information - PIO: The matter was under investigation by Police Authorities and information was exempt u/s 8(1)(h) - CIC: PIO to submit the assertions on affidavit
26 Jun, 2023O R D E R
1. The issue under consideration is the complaint for non-compliance dated 20.08.2022 of CIC’s order dated 20.06.2022 in the above matters.
2. Succinctly facts of the case are that the appellant filed an application on 04.10.2019 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Punjab & Sind Bank, New Delhi seeking information as per his RTI application. The CPIO vide letter dated 30.10.2019 replied to the appellant. Dissatisfied with the same, the appellant filed first appeal on 09.11.2019. The First Appellate Authority (FAA) vide his order dated 19.11.2019 disposed of the first appeal. Aggrieved by the same, the appellant filed second appeal dated 22.05.2020 before the Commission which was heard and disposed of vide order dated 20.06.2022 with the following directions:
“6. The Commission after adverting to the facts and circumstances of the case, both the parties and perusal of records, observed that the appellant filed various complaints against the bank officials and sought action taken reports on his complaints. The respondent further submitted that the appellant’s complaints were under process and the same had not been concluded yet therefore action taken could not be provided. The response of the respondent that the complaints were under the process was an ambiguous and evasive response. A period of over two years have elapsed and the respondent could not bring out day to day progress and the decision if any taken till the date of hearing in spite of notices having been served upon them. However, the respondent during the course of hearing assured that the appellant’s complaints would be decided within 15 days. Accordingly, the respondent is directed to revisit the RTI application and provide the action taken report within four weeks from the date of receipt of this order. With the above observations and directions, all the seven appeals are disposed of. “
3. The appellant has filed the non-compliance complaint dated 20.08.2022 taking objection to the replies given that information given was false, irrelevant and misleading and the CPIO had failed to comply with the directions of the Commission. The Registry has issued a letter dated 22.08.2022 to the CPIO seeking their comments on the complaint of the appellant.
4. In compliance to the orders and in response to the letter of the Registry, the CPIO by their letter dated 19.09.2022 addressed to the Commission with copy to the appellant, stated that they had furnished the information available with them. It came to their notice that the matter was under investigation by Police Authorities and information sought by RTI application was exempt under Section 8(1)(h) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; of the RTI Act.
5. The Commission after adverting to the facts and circumstances of the case and perusal of records, observes that the CPIO had failed to bring the above facts to the notice of the Commission for arriving at a proper decision during hearing. The Commission expresses its displeasure at the lackadaisical attitude of the CPIO. However, since the CPIO had provided available information and stated that the matter was under investigation by Police Authorities, the CPIO is directed to submit their assertions on affidavit before the Commission with copy to the appellant within three weeks from the date of receipt of this Order. With these directions and observations, the complaint of non-compliance is closed.
Sd/-
Suresh Chandra
Information Commissioner
Citation: Shri Harshit Goel v. Punjab & Sind Bank, CIC/PASBK /A/2020/671310; 18.05.2023