Central Information Commission
CIC/AD/C/2009/000794
Dated March 2, 2010
Name of the Applicant : Shri P.K.Behera
Name of the Public Authority : National Institute of Malaria Research
Adjunct to CIC Decision dt.20.11.09
Background
1. The relevant excerpts from the captioned Order is reproduced below:
6. The Commission accordingly directs the CPIO to provide the information
against points 3, 4 and 6 of the RTI application to the Complainant by 8.1.2010 and
the Complainant to submit a compliance report to the Commission by 15.1.2010.
7. The Commission also directs Shri R.C.Dhiman, Appellate Authority (CPIO at
the time of receipt of RTI application) to show cause as to why a penalty of Rs.250/-
per day (Maximum Rs.25000) should not be levied on him for not responding to the
RTI application within the stipulated time prescribed under the RTI Act. He is directed
to submit his explanation in person on 2.3.10.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing
for March 3, 2010.
3. Dr.M.S.Malhotra, CPIO and Dr.R.C.Dhiman, Appellate Authority represented the Public
Authority.
Decision
4. The Commission received an explanation dated 2.3.10 to the show cause notice from
Shri R.C.Dhiman, Appellate Authority who stated in it that the CPIO, NIMR was not
the custodian of the information as the information was related purely to
administrative matters (part of the information was to be received from the officer in
charge NIMR field station Rourkela and partly from Administrative Officer, NIMR
Delhi). He explained that all the applications received under RTI Act, 2005 are
forwarded to Administrative Officer, NIMR immediately on receipt, for necessary
action as there is no separate set up for dealing with RTI matters. He further added
that information against points Nos.3, 4 and 6 pertaining to some bills was not
received from AO, NIMR despite several reminders to him (29.6.09, 13,7,09 and
10.8.09) and therefore could not be provided. The Respondent further added that Shri
Ram Dev, was the Accounts Officer, NIMR was the CPIO at the time of receipt of CIC
Notice dt.29.10.09. Since the Respondent Mr. Malhotra is now the CPIO, he provided
the required information to the Appellant on 14.1.10. He also added that delay
occurred on the part of administration basically due to shifting of NIMR Administration
from NOIDA premises to Dwarka in the month of June 2009 wherein the information
asked for, could not be traced in time. Further, there was no appeal from the
Appellant.
5. The Commission after reviewing the explanation provided and holds that information
against 3 points was provided to the Appellant on 14.1.2010 which makes the
complaint dt.15.1.2010 of the Appellant untenable . The Commission accepts the
explanation provided by the CPIO as a reasonable cause and condones the delay and
drops the penalty proceedings against the then CPIO.
6. The Commission, however, directs Shri N.K.Bhalla, Administrative Officer, NIMR,
Dwarka, New Delhi 77 to show cause as to why a penalty of Rs.250/- per day should
not be levied on him for not responding to the transferred RTI application within the
stipulated time despite reminders issued by Shri R.C.Dhiman, the then CPIO. Shri
Bhalla is directed to submit his response so that it reaches the Commission by 2.4.10.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G.Subramanian)
Asst. Registrar
Cc:
1. Shri P.K.Behera
General Secretary
MRC Project Employees Association
Sector-5
Rourkela 769 002
2. The CPIO
National Institute of Malaria Research
Dwarka
New Delhi 110 077
3. Dr.R.C.Dhiman
The Appellate Authority
National Institute of Malaria Research
Dwarka
New Delhi 110 077
4. Shri N.K.Bhalla
Administrative Officer
National Institute of Malaria Research
Dwarka
New Delhi 110 077
5. Officer incharge, NIC
6. Press E Group, CIC