Central Information Commission Judgements

Shri Mohammad Tahir vs Directorate Of Fisheries, Port … on 25 September, 2008

Central Information Commission
Shri Mohammad Tahir vs Directorate Of Fisheries, Port … on 25 September, 2008
                          Central Information Commission
                                        *****

No.CIC/OK/A/2008/00499

Dated: 25 September 2008

Name of the Appellant : Shri Mohammad Tahir
C/o Haji M. Abdul Qadir
MB-28, Aberdeen Village (Round Basti)
Port Blair – 744 101

Name of the Public Authority : Directorate of Fisheries, Port Blair

Background:

Shri Mohammad Tahir of Port Blair filed an RTI-application with the Public
Information Officer, Directorate of Fisheries, Andaman & Nicobar
Administration, Port Blair, on 3 October 2007, seeking information/documents
relating to his service matters including his leave.

2. The PIO vide his letter dated 1 November 2007 replied to the RTI-
application. Not satisfied with the reply of the PIO, the Appellant filed an
appeal with the first Appellate Authority on 16 November 2007 who vide his
letter 20 December 2007 replied to it. Thereafter, the Appellant approached
the Central Information Commission with a Second Appeal on 6 March 2008.

3. The Bench of Dr. O.P. Kejariwal, Information Commissioner, heard the
matter on 24 September 2008.

4. Shri V. Krishnamurthy, Director & PIO, Shri Tapan Mandal, Development
Commissioner & Appellate Authority, Shri S.C. Dey, AFDO and Shri Jagadeesan,
Sub-Inspector of Fisheries, represented the Respondents.

5. The Appellant, Shri Mohammad Tahir, was neither present nor send any
representative for the hearing.

Decision:

6. In the absence of the appellant, the Commission heard the Respondents
and noted that they had supplied detailed information to the Appellant.
Further information was given to him when he filed the first appeal, on 16
November 2007. In the ‘ground for prayer or relief’ with which he has
approached the Commission and he states that “(a) complete information not
provided; and (b) provided irrelevant information has also mislead” (Error
as per the original). Again, he has asked for the penalty clause to be invoked
against the Respondents. The Commission finds no substance in this appeal for,
in case the information supplied is incomplete or misleading, it is not enough to
say so. The Appellant is, therefore, directed to specify the lacunae that he
finds in the information supplied either by the PIO or by the Appellate Authority
and write to the Respondents accordingly.

7. The Respondents will get 20 working days to provide any clarification that
the Appellant may desire.

8. However, the case may be treated as finally closed in case there is no
communication from the Appellant by 14 October 2008.

9. The Commission ordered accordingly.

(O.P. Kejariwal)
Information Commissioner

Authenticated true copy:

(G. Subramanian)
Assistant Registrar

Cc:

1. Shri Mohammad Tahir, C/o Haji M. Abdul Qadir, MB-28, Aberdeen
Village (Round Basti), Port Blair – 744 101.

2. Shri V. Krishnamurthy, Director & PIO, Directorate of Fisheries,
A & N Administration, Port Blair.

3. Shri Tapan Mandal, Development Commissioner, Directorate of
Fisheries, A & N Administration, Port Blair.

4. Officer Incharge, NIC

5. Press E Group, CIC