CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2010/001032/11857
Appeal No. CIC/SG/A/2010/001032
Relevant Facts
emerging from the Appeal
Appellant : Mr. A. K. Ahirwar
Technical Education National Institute of
Technology, Raipur,
Chhatisgarh.
Respondent : Public Information Officer
National Institute of Technology Raipur,
G.E.Road, Raipur-492010.(CG).
RTI application filed on : 11/11/2009 PIO replied : 02/02/2010 First appeal filed on : 20/02/2010 First Appellate Authority order : Not mentioned. Second Appeal received on : 21/04/2010 Notice of hearing sent on : 07/03/2011 Information Sought:
The appellant through his 6 queries had sought various actions on the following orders/letters
alongwith copies of documents:
i- Letters having diary no. 551/dated 27.01.2009, 5723/dt.30.12.2008, 4262/dt.15.10.2008,
Arch/706 dt.08.11.2008, 3561/dt.10.09.2008, 3493/dt.08.09.2008, 2953/dt.14.08.2008,
1346/dt.31.05.2008,
Reply of the PIO:
In response to your RTI application and subsequently in compliance to the order of the First Appellate
Authority it is stated that you may come and inspect the records on 13, 15 or 16 February 2010 from
11.00AM.
First Appeal:
No information was provided by the PIO.
Order of the FAA:
Not mentioned.
Ground of the Second Appeal:
The desired information was not provided. The PIO is unnecessarily asking to come and inspect the
records, which is complete wastage of time. Complete desired information was not provided by the
PIO since filing of the RTI application.
Relevant Facts emerging during Hearing:
Both the parties were given an opportunity for hearing. However, neither party appeared. From a
perusal of the papers it appears that the action taken on the letters has not been provided to the
Appellant by the PIO.
The PIO is directed to provide the information on the letters mentioned by the Appellant in the
following format:
Date on which Name and designation of Action taken Date on which forwarded to
Letters received The officer receiving it. Next officer/office.*there will be as many rows as the number of officers who handled the letters.
Attested photocopies of all letters and notings will be provided.
Decision:
The Appeal is allowed.
The PIO is directed to provide the information in the format directed above to the
Appellant before 25 April 2011.
The issue before the Commission is of not supplying the complete, required information by the
PIO within 30 days as required by the law.
From the facts before the Commission it appears that the PIO is guilty of not furnishing information
within the time specified under sub-section (1) of Section 7 by not replying within 30 days, as per the
requirement of the RTI Act.
It appears that the PIO’s actions attract the penal provisions of Section 20 (1). A showcause notice is
being issued to him, and he is directed give his reasons to the Commission to show cause why penalty
should not be levied on him.
He will present himself before the Commission at the above address on 03 May 2011 at 10.30am
alongwith his written submissions showing cause why penalty should not be imposed on him as
mandated under Section 20 (1). He will also submit proof of having given the information to the
appellant.
If there are other persons responsible for the delay in providing the information to the Appellant the
PIO is directed to inform such persons of the show cause hearing and direct them to appear before
the Commission with him.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi
Information Commissioner
05 April 2011
(In any correspondence on this decision, mention the complete decision number.) (SM)