Brief of the Case

Shri P.P. Barkakoti, General secretary, Apex Bank Employees' Union submitted a petition before the Chief Information Commissioner on 8.12.06 stating that he was not provided with the proceedings of the meeting of the Administrative Council of the Bank held on 07.06.06 and the Board of the Directors meeting held on and after 06.06.06 by the Managing Director, the Assam Co-operative Apex bank Ltd. in spite of his reminders. He further stated that the Bank authorities informed him vide letter dated 15-11-06 that as the RTI Act, 2005 is a new one hence they would take some days to furnish the information. However, the SPIO did not furnish the information. Hence this complaint.

Submission by the parties

The complainant stated that in spite of four reminders, the Bank authorities did not furnish all the documents except copies of the proceedings of the meeting of the Board of Directors dated 06.06.06 and the proceedings of the meeting of the Administrative Council of dated 07.06.06, that too, incomplete as some of the items in the proceedings had been blanked out and withheld. The SPIO submitted that as the Bank Rules did not allow furnishing certain information and as the RTI Act, 2005 was new and not fully known to him, he did not furnish the information. He sought to be excused for not furnishing the information on time.

Decision of the Commission

The Commission observed that the plea taken by the SPIO that the information sought for by the complainant was barred by the Rules of the Apex Bank was not tenable as Section 22 of the RTI Act, 2005 supersedes all other Acts and Rules. Moreover, the said proceedings of the meetings were public documents and no court had so far passed any order prohibiting furnishing of copies of the proceedings of the meetings.

The Commission, on careful consideration of the facts and circumstances of the case, directed that the SPIO of the Assam Co-operative Apex Bank Ltd. shall furnish complete information sought for by the complainant within a week failing which penal action as per Section 20 of the Act shall be taken against the SPIO.

The Commission also ordered that the information shall be furnished free of cost because the SPIO failed to provide the same within the time limit prescribed VIS 7 of the RTI Act and that the amount collected from the petitioner for furnishing a incomplete information would be refunded forthwith.

The Commission on considering that the delay in furnishing information was not deliberate but on account of ignorance of the RTI Act and Rules, refrained from imposing penalty on the SPIO.