Central Information Commission Judgements

Shri Uday Shankar Singh vs M/O Environment & Forests on 23 October, 2009

Central Information Commission
Shri Uday Shankar Singh vs M/O Environment & Forests on 23 October, 2009
             Central Information Commission
                                                         CIC/AD/C/2009/000621

                                                          Dated October 23, 2009


Name of the Applicant                 :   Shri Uday Shankar Singh

Name of the Public Authority          :   M/o Environment & Forests

Background

1. The Applicant filed an RTI application dt.11.5.09 with the CPIO, MoEF
requesting for information against 11 points related to the officers of State
Forest Service promoted to Indian Forest Service, AGMUT cadre during the
years 1985-86 and 1999-2000. On not receiving a reply, he filed a complaint
dt.22.6.09 before CIC requesting for information and for necessary action as
per RTI request. The Commission vide its order dt.24.9.09 directed the
Respondents to provide information to the Applicant by 15.10.09 and to send
the explanation for show cause notice in writing by 20.10.09.

2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the
hearing for October 23, 2009.

3. Shri M.T.George, CPIO represented the Public Authority.

4. The Applicant was not present during the hearing

Decision

5. The Respondent submitted that the information has been provided on
20.10.09 instead of 15.10.09 as he was assigned work in connection with
the SAARC Environment Ministers Conference as well as the Delhi High Level
Conference on Climate Change:Technology Development and Transfer which
is under way. He stated that the RTI request was received on 14.5.09, and
was marked by the then CPIO to him on 18.5.09 with the direction to put it
up by 25.5.09. The case was examined in detail and submitted on 22.5.09
for consideration. The then CPIO returned the file on 1.6.09 with instructions
to discuss the case along with the readily available information. The file
however got mislaid and all traces of it were lost and inspite of the best
efforts, it could not be retrieved. In the absence of the file, the address of
the Appellant was not available to inform him about the action being taken.
The Respondent added that after the CIC’s notice was received on 6.10.09,
efforts were again made to locate the file and this time the file was located
among the files of officers whose ACRs had just been received as the file with
the RTI application was inadvertently put away with the other files.

6. The Commission on review of the explanation provided holds that the cause
for delay in furnishing the information is indeed reasonable and condones the
delay in this case and drops the penalty proceedings against the CPIO.

7. Since complete information has been provided to the Appellant, the appeal is
disposed of accordingly.

(Annapurna Dixit)
Information Commissioner
Authenticated true copy:

(G.Subramanian)
Asst. Registrar

Cc:

1. Shri Uday Shankar Singh
Doodh Line
Shadipur
Port Blair
Andaman & Nicobar Islands

2. Shri M.T.George
The CPIO
Ministry of Environment & Forests
Paryavaran Bhavan
CGO Complex
Lodhi Road
New Delhi 110 003

3. Officer incharge, NIC

4. Press E Group, CIC