CENTRAL INFORMATION COMMISSION
.....
F.No.CIC/AT/C/2008/00589
Dated, the 28th November, 2008.
Complainant : Shri Shrinivas Govindrao Nitalikar
Respondents : Geological Survey of India
Pursuant to the Commission’s notice dated 22.10.2008, this matter came
up for hearing on the 27.11/2008. Respondent, Shri Gautam Dhar, Deputy
Director General (P) was present. Complainant was absent.
2. Shri Dhar (respondent-CPIO) stated that it was true that delays did occur
in this matter, but he attributed this to inadequate understanding of RTI Act in
the organization he represented, viz. the Geological Survey of India, the officers
there being scientific and technical officers, who were not sufficiently trained in
the legal nuances of the RTI Act and, therefore, did not appreciate the urgency of
timely dissemination of information and so on.
3. Delays in this case were recorded as follows:-
Date Event Delay
10.07.2007 Complainant filed his RTI-request
24.07.2007 CPIO, Central Region returned the
application to the complainant to approach the
CPIO, Kolkata Region
27.07.2007 Complainant again filed his RTI-application
requesting that the same may be forwarded to
CPIO, Kolkata Region
27.09.2007 Complainant filed his first-appeal before the 30 days
AA, Shri B.K. Bandhopadhyay, DDG, CHQ,
Kolkata
22.11.2007 RTI-applications were forwarded to DDG(P),
Shri G. Dhar (holder-of-the-information)
21.07.2008 Information supplied to the complainant 230 days
4. It is not possible to concede the respondent’s plea against penalty based
on the ground that in the early years of the implementation of the RTI Act, there
was inadequate understanding of the provisions of the RTI Act, especially in
Scientific and Technical Organisations such as the Geological Survey of India
(respondents). In fact, this is not the first case about delay which has come up
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before the Commission from this organization It cannot, therefore, be said that
the officers of the organization did not have sufficient warning about the
consequences of delayed disposal of RTI-applications.
5. The submissions of the respondent, Shri Gautam Dhar are, therefore,
rejected and it is directed that a penalty of Rs.25,000/- (@Rs.250/- per day for
230 days, limited to Rs.25,000) be imposed on Shri Dhar, who was the holder-of-
the-information and was responsible for the inexplicable delay (between
22.11.2007 and 21.07.2008) as spelt-out in Para 3 above.
6. The penalty amount shall be collected from the monthly salary bills of
Shri Gautam Dhar at the rate of Rs.5000/- per month and shall be completed in
five months starting from January, 2009. The head of the public authority, viz.
Director General, GSI is directed to ensure that the deduction of the penalty
amount from the salary bills of Shri Dhar is regularly made till the entire amount
is recovered. The methodology of crediting the penalty amount so recovered is
explained in the enclosure to this order.
7. Complaint is disposed of with these directions.
8. Copy of this decision be sent to the parties.
( A.N. TIWARI )
INFORMATION COMMISSIONER
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