Central Information Commission Judgements

Shri M. B. Usgaonkar vs Department Of Personnel & … on 13 February, 2009

Central Information Commission
Shri M. B. Usgaonkar vs Department Of Personnel & … on 13 February, 2009
                 CENTRAL INFORMATION COMMISSION
                 Complaint No.- CIC/WB/C/2007/00356 Dated: 24.05.2007
                         Right to Information Act- Section 18

Complainant:         Shri M. B. Usgaonkar
Respondent:          Department of Personnel & Training (DoPT), New Delhi.

Decision

The Commission has received a complaint on 16.5.’07 from Shri M. B.
Usgaonkar of Socorro-Porvorim, Goa, a retired Jt Secretary to the Govt. of India
that his request under RTI Act, 2005 submitted to Central Public Information
Officer, Department of Personnel & Training, New Delhi has not been responded
to, even though the same was duly submitted along with the requisite fee dated
23.02.2006. No comments on behalf of the CPIO, Shri Jai Prakash, Under
Secretary (SM-III), DoPT, the CPIO to whom the notice stood transferred by Shri
SK Mohanty SO, DoPT on 14.5.’08, has been received by the Commission in
response to our notice of 2.4.’08 by the Commission.

The Commission has decided to admit Shri Usgaonkar’s complaint petition
u/s 18 sub-section (b) of the said Act and hereby directs the CPIO, Shri Jai
Prakash, US to respond to the request for information within 15 working days
from the date of receipt of this decision to the Complaint.

The CPIO, Shri Jai Prakash, Under Secretary (SM-III), DOPT is further
directed to show cause as to why a penalty of Rs. 250/- per day from the date
when the information fell due i.e. 23.03.2006 to the date when the information is
actually supplied, not exceeding Rs. 25,000/- should not be imposed on him
under Section 20(1) of the RTI Act. The CPIO will submit his written submission
to Shri PKP Shreyaskar Jt Registrar on or before 06.03.2009, failing which orders
for recovery of penalty will issue.

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Notice of this decision be given free of cost to the parties.

Wajahat Habibullah
(Chief Information Commissioner)
13.02.2009

Authenticated true copy, additional copies of order shall be supplied against
application and payment of the charge prescribed under the Act to the CPIO of
this Commission.

Pankaj K. P. Shreyaskar
Joint Registrar.

13.02.2009

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