Central Information Commission
CIC/AD/A/2009/001223
Dated 26th October, 2009
Non-compliance of Order in the Case No.CIC/AD/A/09/00073
dated 12.02.09 in the case of
Mr.Brajesh Kumar Shukla
v/s.
Dept. of Post, Sasaram
Hearing was held on 26.10.09
Decision
1. The Appellant in his written submission dated 15.07.09 complained that the
Respondent has not complied with the CIC order dated 12.02.09 and that the
information provided to him on 22.04.09 is not related to the information
sought by him.
2. The Order dated 12.02.09 by the CIC is as given below:
The Respondent submitted that the grievance of the appellant related to the
non supply of charge sheet dt.8.10.1996. He submitted photo copies of the
envelope vide which the charge sheet was sent to the appellant. According to
the Respondent, the appellant refused to take possession of the charge sheet
because of which it was returned to the office. The Commission, accordingly,
directs the CPIO to send the charge sheet once again to the appellant within
15 days of receipt of this order. The CPIO, Rohtas Division is also directed to
locate the Recall Application dt.3.11.07 addressed to the Chief post master
General and to provide information as sought in the RTI application
dt.12.3.08, within 15 days of the receipt of this Order.
3. The Respondent is directed to provide the information as order in the CIC
decision 12.2.09. With regard to the show cause notice, the Commission
noted that the explanation to the original RTI request dated 19.03.2008 [as
noted in the order dated 27.04.09 in CIC/AD/A/09/00335] has been furnished
by the Respondent only on 10.06.2008 which is after a delay of 50 days. No
explanation for this delay has been furnished by the Respondent. Accordingly,
the Commission invoking the provisions of Section 20 (1) of the RTI Act 2005,
imposes a penalty of the sum of Rs. 12,500/-[250/- x 50] to be recovered
from the salary of the CPIO, Department of Posts in two equal installments for
not replying to the Show Cause notice issued by the Commission. The penalty
should be paid by way of a Demand Draft drawn in favour of “PAO, CAT”
payable at New Delhi and send the same to Sh. G. Subramanian, Assistant
Registrar, Central Information Commission. The first installment should reach
by 20th Nov, 2009 and the second and final installment by 20th Dec 2009.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G. Subramanian)
Assistant Registrar
Cc:
1. Mr.Brijesh Kumar Shukla
C/o Shri N.D.Shukla
136 Ram Priya Road
Near Prayag Railway Station
Allahabad
2. The CPIO
Department of Posts
O/o the Supdt of Post Offices
Rohtas Division
Sasaram 821 115
3. The Appellate Authority
Department of Posts,
Director Postal Services HQ
O/o the Chief P.M.G., Bihar Circle
Patna
4. Officer in charge, NIC
5. Press E Group, CIC