CENTRAL INFORMATION COMMISSION
.....
F.No.CIC/AT/A/2008/01288
Dated, the 20th February, 2009.
Appellant : Shri P.C. Rama Krishnayya
Respondents : Coal Mines Provident Fund Office
This appeal is actually a complaint filed by appellant, Shri P.C. Rama
Krishnayya for delay in transmitting information to him in response to his
RTI-application dated 28.05.2008.
2. Respondents were called upon to explain the delay through Commission’s
notice dated 07.01.2009. Their response dated 21/28.01.2009 has since been
received.
3. Matter was heard on 10.02.2009 when both parties were present.
4. Respondents explained that the original RTI-application of the appellant
said to have been filed before the Ministry of Coal and forwarded by that
Ministry to the CPIO, CMPFO, through a communication dated 04.06.2008, was
never received by the CPIO, CMPFO, Shri S.K.Sinha, Regional Commissioner.
Appellant, thereafter, filed his first-appeal dated 05.07.2008 before the Appellate
Authority, Ministry of Coal, who again transmitted appellant’s first-appeal
petition to the Appellate Authority, CMPFO. It was only then that the CPIO,
CMPFO came to know about the presence of appellant’s RTI-application dated
28.05.2008. He, thereafter, proceeded to furnish a reply to the appellant on
09.09.2008.
5. The sum-total of the submission of the respondents, therefore, is that there
was no mala-fide, deliberate or wanton delay in this matter caused by the CPIO,
CMPFO. They further pointed out that on the directions of the Commission, the
appeal in this matter is presently before the Appellate Authority, CMPFO, while
the complaint regarding delay is being parallelly decided at the Commission’s
level.
6. On perusal of the submissions made in the proceedings before me, I notice
that the delay in this matter has undoubtedly occurred. However, it is equally
true that this does not seem to be a case of deliberate inaction by the CPIO,
Shri S.K.Sinha, Regional Commissioner, CMPFO, but has been caused mostly
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by certain miscommunication between the Ministry of Coal and the CPIO,
CMPFO. Such matters are covered by the ‘reasonable cause’ provision of
Section 20(1) of the RTI Act.
7. In view of the above, I do not propose to progress this matter further for
imposition of any penalty.
8. Complaint closed.
9. Copy of this decision be sent to the parties.
( A.N. TIWARI )
INFORMATION COMMISSIONER
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