non-acceptance of RTI application at STATE BANK OF MYSORE, HEAD OFFICE

[umapathi.s]

Dear RTI friends, Recenlty I and my friend visited the Head Office of the Bank at Bangalore for submiision of RTI application. the reply we got from the Deemed CPIO (cpio was on leave) is very strange as he inisited that RTI application needs to be submitted within the cash hours of the Bank and asked us to deposit the CASH in the nearby Branch and then to come to office . He refused to take the application on the same day by saying that Head office of the Bank has no arrangement of receipt of cash towards the RTI applications and rejected the application sinch the working hours of the Branch where cash needs to be deposited is over. we had visited the Head office of the Bank around 4 pm yet due to the adamant attitude of the Officals we couldnot submit the application. they further refused to give the same in writing when insited. annoyed by the above I submiited a detailed comaplint to the DGM who is also the Appellate Autoirty(AA) in the Bank. After some days, the AA replied to us that the actions of the CPIO is in accordance with the Bank Rules of receipt of Cash though I specifically pointed out in my complaint that Receipt of RTI applications shoud be arranged over a Single Counter and referred the CIC ruleing in this connections. now can I approach the CIC or escalate the matteer to the Managing Director of the Bank whose duty is to implement the RTI Act in all its spirits? kindly advise and offer your suggestions.
regards.
Umapathi.s

[wagh7]

Umapathi ji,

I think you can definately complaint to CIC about non acceptance of cash and application in office hours.

Then the bank authority has to make some arrangements.

rakatkam.

[The Great]

Dear Ganapathi,
We should move step by step. Thanks to the Bank staff they atleast have a dialogue with you. And here in Orissa State Bank, they used to turn a deaf ear. Hence we are approaching them only through Local speed post depositing fess as draft/Chalan. And in making a draft of Rs.10/ exchange is Rs.30/
In my opinion you should approach the Managing Director.
You should give a RTI Punch as per recent campaign by Kushal Sir.

[karira]

I am assuming that the letter you wrote to the DGM who is also the FAA was a ordinary letter and did not say "First Appeal" anywhere. If that is correct, you can still make a First Appeal provided you are within the time limit.

SBM is a PA under the Central Government. Therefore it should follow rules made by the centre.

1. Payment by Cash is a accepted mode of payment for a RTI Application to a central PA..
Please see (and quote/attach in your First Appeal):

http://righttoinformation.gov.in/Cir...FeeCostRTI.pdf
http://righttoinformation.gov.in/Cir..._07Jun2006.pdf

Further, DoPT has again issued a circular to all concerned about this:

http://righttoinformation.gov.in/Cir..._2_2007_IR.pdf

This should be the first ground for First Appeal.

2. There is no need for the applicant to run around to submit a RTI Application and the bank cannot say that it will accept only during "cash hours" especially if the PIO is sitting in the head office, where there is no question of "cash hours".

This should be second ground for First Appeal.

Alternatively, you can directly complain to the CIC on the above two grounds as well as the letter you recd. from DGM, under Section 18 since this is a deemed refusal to accept a RTI application.

[taurus]

I think the contention of the Bank or for that matter any Public Authority that Cash payment can be accepted during specified hours only is reasonable. Cash receipt and disbursement has to be tallied and closed before the office hours of the office. Hence, in no office the office hours and cash transaction hours can be the same. Thus it cannot be expected that through out the office hours cash transactions also will go on. Even the DOPT circular of March 2007 does not say so. It only reiterates that payment in all forms, as per rules, must be accepted.

[maneesh]

RTI fee can also be paied by Postal Order. In case the name of the PIO is not know you can leave it blank and keep a photostat copy for your records.

[karira]

Originally Posted by taurus

I think the contention of the Bank or for that matter any Public Authority that Cash payment can be accepted during specified hours only is reasonable. Cash receipt and disbursement has to be tallied and closed before the office hours of the office. Hence, in no office the office hours and cash transaction hours can be the same. Thus it cannot be expected that through out the office hours cash transactions also will go on. Even the DOPT circular of March 2007 does not say so. It only reiterates that payment in all forms, as per rules, must be accepted.

Section 5(3) of RTI Act:
3.Every Central Public Information Officer or State Public Information Officer, as the case may be, shall deal with requests from persons seeking information and render reasonable assistance to the persons seeking such information.

The PIO is supposed to "assist" the applicant.
If the PIO was really keen, he should have accepted the application and asked the applicant to pay the fees the next day when the "cash counter" is open or pay the fees before receiving the information (before the reply to the RTI application).
The PA cannot have a PIO sitting in a place where one of the forms of payment of application fee cannot be accepted. The PA should have thought of these things before hand.

The bank can have its own rules about receipt of cash but please remember that Section 22 of the RTI Act states:
The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923, and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act.

The banks website (Right to information Act 2005) also does not say anything about accepting cash only during "cash transaction hours".

There are several decisions of the CIC in support of the above.

Normal "office procedures" of any PA cannot be applied while dealing with applications under the RTI Act.

[latelearner]

If the application for information is sent to the DGM with the fee , is he not bound by the rules to send it to the PIO concerned ?The due date for reply will be extended by 5 more days only. This is only an alternative.

Late learner.

[taurus]

'Reasonable assistance' used in Sec 5(3) of the Act quoted by you is susceptible to interpretation. Only a very liberal interpretation would mean that the PIO will accept the application without fee. The Act does not say that the fee should be accepted at any time and in any manner at any place. It goes without saying that normal procedure should be followed while remitting the fees. Following normal office procedure cannot be construed as inconsistent with the Act.

[karira]

1. There are several decisions of the CIC posted earlier on the forum (I just cannot get them after a search on the forum) where CIC has ruled that PIO should have accepted the RTI application and given the reply after receiving the fees.
One reference is:
30 days starts from which date?

2. There are also some decisions of the CIC ordering that "normal office procedures" will not apply in case of replies to RTI Applications.

[wagh7]

karira sir,

can you explain No.2 some what details.

rakatkam.

[karira]

rakatkam,

1. http://cic.gov.in/CIC-Orders/Decision_07122006_4.pdf

Therefore, the CPMG may advise all the CPIOs under her control to ensure that all the RTI applications are disposed of under their own signatures and that normal office procedure to convey decisions, is not applicable in communicating decisions under the RTI Act.”

2. http://cic.gov.in/CIC-Orders/Decision_11042007_09.pdf

Please read the full decision.

3. http://www.cic.gov.in/CIC-Orders/Dec...03072006_2.pdf

The usual office procedure has no place in the matters of RTI Act.

[karira]

taurus,

Here is a decision of the CIC asking PIO to consider a application as a valid application even though the fee was paid by a "judicial stamp" stuck on the application (rather than by BC/DD/IPO/Cash).

http://cic.gov.in/CIC-Orders/Decision_05032007_16.pdf

One has to go by the spirit of the RTI Act.

[taurus]

Ofcourse the facts and circumstances of this case warranted such a decision. As is mentioned in the order, the commission accepted the contention of the PA that the applicant did not remit the fee by any of the valid modes of payment and hence they did not furnish the required info. However, taking into consideration that the applicant had no intention not remitting the fee, and also the fact that the PA failed to inform the applicant that they could not furnish the info because the fee was not paid through the valid mode, the commission directed to furnish the info. This is an exceptional circumstance. This cannot be construed to mean that the info can be furnished even if the fee is not paid.