CENTRAL INFORMATION COMMISSION
Complaint No CIC/WB/A/2008/01335 dated: 22.07.'08
Right to Information Act 2005-Section 19(3)
Appellant : Shri Anand
Respondent: Department of Personnel & Training (DoP&T)
Decision
Announced 29.9.’09
The Commission has received an appeal from Shri Anand of Patna, Bihar
praying as follows:-
“(i) The CPIO should be directed to furnish information as
sought at the earliest.
(ii) Action should be taken against the concerned under Sec.
20(i) & (ii) of the RTI Act.
(iii) The CIC should direct the concerned Public Authority to
compensate the applicant.”
That information regarding action taken on his application dated
13.03.2007 and other related information was originally moved through an
application of 07.12.2007.This was in addition to a similar application of the same
date, also disposed of in 2nd appeal before us today, in which the information
sought was regarding cadre distribution of Govt. employees after division of Bihar
in Bihar & Jharkhand and other related information In his reply of 08.03.2008, the
CPIO Shri V. Tirky, State Reorganization Section, Department of Personnel &
Training, New Delhi provided a parawise response to appellant Shri Anand who,
finding the response “wrong, baseless and misleading,” approached the first
appellate authority of the department on 30.04.2008 u/s 19(1) of RTI Act. Upon
not receiving a response Shri Anand has moved this appeal before us pleading
that the appellate authority did not pass any order in respect of the appeal filed.
Because the 1st appellate authority has not addressed the questions of
appellant, which are of direct concern to the DoPT, the Commission has decided
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to remand this appeal to First Appellate Authority Shri V. Peddanna, Deputy
Secretary, Department of Personnel Training, Lok Nayak Bhawan, New Delhi, to
dispose of the appeal of Shri Anand within ten working days from the date of
receipt of this decision, under intimation to Shri Pankaj Shreyaskar, Jt Registrar,
Central Information Commission.
In this case also therefore, appellate authority Deputy Secretary (SR) will
also satisfy himself on the issue of CPIO’s delay in response, which was due by
or before 7.1.’08 but has actually been given on 8.3.’08, and if so required
approach this Commission for initiation of proceedings under section 20 of the
RTI Act for imposition of penalty @ Rs 250/- per day for 61 days and/ or
recommending appropriate disciplinary action.
If not satisfied with the information provided on his 1st appeal, appellant Shri
Anand will be free to move a 2nd appeal before us as per Sec 19 (3).
Announced. Notice of this decision be given free of cost to the parties.
(Wajahat Habibullah)
Chief Information Commissioner)
29-09-2009
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.
(PK Shreyaskar)
Jt. Registrar
29-09-2009
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