CENTRAL INFORMATION COMMISSION
Complaint No- CIC/WB/A/2009/000391
Right to Information Act- Section 7, 10, 18
Complainant: Shri Rajni Tiwari
Respondent: Central Bureau of Investigation/ACB, Nagpur
Decision announced 31.5.'10
Facts
The Commission has received a complaint from Shri R Tiwari of Pachpedi,
Jabalpur who had made a request under RTI Act, 2005 dated 17.11.08 to the
CPIO, SP/CBI/ACB to obtain certain information in connection with FIR No.
RCNAG 2005 A 0010 year 2005 dt. 27.6.2005. On not getting a response from
the CPIO within the time stipulated under the Act, the complainant moved the
First Appellate Authority through an application dated 20.1.09. The CPIO replied
on 27.01.09 but gave what appellant considered incomplete information. The
CPIO in his reply had stated that information sought by the complainant was
exempted under the Act by virtue of section 8(1)(g) and 8(1)(h) and certain
information could only be given on further payment. The CPIO did not provide the
address of the Appellate Authority and nor did it give any justification for delay in
responding to the RTI application. The complainant then moved a complaint
before us through an application dated 11.2.2009
Decision Notice
The complainant was aware of the particulars of the Appellate Authority
even if the same were not provided by the CPIO as he had made a complaint
earlier to it. Complainant Shri R Tiwari was also aware that on not being
provided complete information by the CPIO he should have first preferred an
appeal through the channel available to him u/s 19(1) of the Act. Because the 1 st
Appellate Authority has not addressed the questions of complainant, which are of
direct concern to this public authority and the complainant has pleaded no ground
for making a direct complaint before us, the Commission has decided to remand
this complaint to the First Appellate Authority to dispose of the complaint of Shri
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R Tiwari, treating it as an appeal u/s 19(1) of the RTI Act, within 10 working days
of date of receipt of this Decision Notice, under intimation to Shri PKP
Shreyaskar, Joint Registrar, Central Information Commission. If not satisfied with
the decision given on 1st appeal, complainant Shri R Tiwari will be free to move a
2nd appeal before us as per Sec 19(3).
The CPIO, SP/CBI/ACB, Nagpur in the present case was justified to ask
for excess fees in respect of certain information and to sever certain information if
it was exempted under the Act by virtue of sections 7(3)(a) and 10(2)(a)
respectively. However, by virtue of sections 7(3)(b) and 10(2)(e) particulars of
the appellate authority had to be given to the complainant in case he wanted to
file an appeal before it regarding the charge of excess fees and severance of
information. This has not been done in the present case. The Commission thus
directs the CPIO, SP/CBI/ACB, Nagpur u/s 19 (8) (a) to conform closely to the
law in carrying out his functions according to the Act.
The CPIO, SP/CBI/ACB, Nagpur not having provided any justification for
delay in responding to RTI application is further directed to show cause as to why
a penalty of Rs 250/- per day from the date information fell due i.e 17.12.2008
and to 27.01.09 when the application was actually replied, not exceeding Rs
25,000 should not be imposed on him under Section 20(1) of the RTI Act. The
CPIO may submit his written submission to this commission on or before
15.06.2010
Announced this thirty first day of May 2010 in open chamber. Notice of this
decision be given free of cost to the parties.
Wajahat Habibullah
(Chief Information Commissioner)
31.05.2010
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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.
31.05.2010
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