1. Petitioner has approached this Court for a direction to the first respondent to furnish the answers to certain questions under the Right to Information Act on the basis of Ext.P1 application or in the alternative, to direct the third respondent to take action against the first respondent for non-compliance of the request in Ext.P1 application filed by him.
2. Petitioner, who was a loanee, had repaid the entire loan amount to the State Bank of India, Calicut branch, Thereafter, he had submitted Ext.P1 application seeking answers to certain questions, which was not provided by the second respondent. Challenging the same, he preferred an appeal before the State Information Commissioner, who had issued Ext.P5 stating that, with reference to the State Bank of India, the appropriate authority is the Central Information W.P.(C)No.10509/2014 -:2:-
Commissioner. Based on Ext.P5, petitioner submitted Ext.P6 application to Mrs.Sushma Singh, the Chief Information Commissioner. Since nothing happened thereafter, this writ petition was filed.
3. Heard the learned counsel for the petitioner, learned standing counsel for respondents 1 and 2 and the learned Assistant Solicitor General for the third respondent.
4. Apparently, this is an instance where the petitioner had to approach the Central Information Commissioner complaining of inaction on the part of the Bank in not providing the information, as sought for by him. Therefore, it may not be possible for this Court to grant the first relief sought for.
5. A perusal of Ext.P6 would show that the same has been sent to Mrs.Sushma Singh, who is stated to be the Chief Information Commissioner. First of all, it may not be proper to send a request in the name of a particular person. The application ought to have been W.P.(C)No.10509/2014 -:3:-
filed before the Central Information Commissioner, who, according to the petitioner, is the Chief Information Commissioner. However, there is no material to indicate that Ext.P6 had been served and the Chief Information Commissioner had taken cognizance of the same. In the circumstances, petitioner is not entitled to any of the reliefs sought for. However, this writ petition is disposed of as under:
The petitioner is at liberty to submit a proper application to the Chief Information Commissioner as per Rules and the Chief Information Commissioner, on receipt of the same, shall make necessary enquiry and pass appropriate orders thereon, within a period of three months from the date of receipt of a copy of this judgment.
A.M.Shaffique, Judge.
sl.