Central Information Commission
File No.CIC/SM/A/2009/001202 dated 19022009
Right to Information Act2005Under Section (19)
Dated: 6 July 2010
Name of the Appellant : Shri Chandran K
C/o. Hotel Fathima Wimberlygunj PO,
South Andaman - 744 206.
Name of the Public Authority : CPIO, O/o the Assistant Commissioner,
South Andaman,
Port Blair.
The Appellant was present in person.
On behalf of the Respondent, the following were present:
(i) Shri Ashok Kumar, CPIO,
(ii) Smt. Shobna Devan
2. In this case, the Appellant had, in his application dated 19 February
2009, requested the CPIO for the copies of the NOCs issued by the Tahsildar,
Ferrar Gunj. The CPIO, in his letter dated 4 May 2009, informed the Appellant
that these details could be collected from his office during office hours.
However, the reply of the CPIO came much after the expiration of the time limit
prescribed in the Right to Information (RTI) Act. Meanwhile, the Appellant had
already preferred an appeal on 23 March 2009. The Appellate Authority, in his
order dated 14 May 2009, directed the CPIO to furnish all the information
CIC/SM/A/2009/001202
available with him. It is against the non compliance of this order that the
Appellant has approached the CIC in a second appeal.
3. We heard this case through video conferencing. Both the parties were
present in the Port Blair studio of the NIC. After hearing their submissions, we
direct the CPIO to provide to the Appellant the photocopies of the remaining
documents within 10 working days from the receipt of this order. If any of those
documents is not available for any reason, the CPIO shall inform the Appellant
about that in a sworn affidavit.
4. It is also noted that there was a considerable delay on the part of the
CPIO in responding to the RTI request in the first place. The Respondents
explained that the delay was largely due to the fact that a vast number of
records had to be searched to find out the relevant documents and, in the
process, it took a lot of time. Besides, they also submitted that around the time
the RTI application had been received, the Tahsildar, Ferrar Gunj who held the
information got busy in election related work. We find the explanation
reasonable especially in view of the voluminous information sought by the
Appellant.
5. The case is disposed of with the above direction of the CPIO.
6. Copies of this order be given free of cost to the parties.
(Satyananda Mishra)
Information Commissioner
CIC/SM/A/2009/001202
Authenticated true copy. Additional copies of orders shall be supplied against
application and payment of the charges prescribed under the Act to the CPIO of this
Commission.
(Vijay Bhalla)
Assistant Registrar
CIC/SM/A/2009/001202