Central Information Commission
*****
No.CIC/OK/C/2008/00796
Dated: 30 September 2008
Name of the Complainant : Shri D. Siva Balan
Advocate, District Court Complex
Port Blair, Andaman & Nicobar,
Name of the Public Authority : Department of Social Welfare
Background:
Shri D. Siva Balan of Port Blair filed an RTI-application with the Public
Information Officer & Director of Social Welfare, Andaman & Nicobar
Administration, Port Blair, on 15 April 2008, seeking information/documents on
22 counts, including the total number of regular staff with their names,
designations, duties and responsibilities in the Juvenile Home and various old
age homes on the A&N Islands, copy of entire file notings and action taken in
the matters of approval of deputation of two female officers of the Directorate
of Social Welfare for attending the Workshop on Domestic and Gender related
violence at NIPPCD, New Delhi from 25-27 July 2007, etc.
2. Not getting any reply from the PIO within the stipulated period under the
RTI-Act, the Applicant filed an appeal with the first Appellate Authority on 12
June 2008 and then approached the Central Information Commission with a
Complaint.
3. The Bench of Dr. O.P. Kejariwal, Information Commissioner, heard the
matter on 24 September 2008.
4. Smt. Achla Singh, Special Secretary (SW) and Shri R.K. Majhi, APIO,
represented the Respondents.
5. The Complainant, Shri D. Siva Balan, was present in person.
Decision:
6. The Commission heard both the parties and noted that neither the PIO
nor the Appellate Authority replied to his RTI-application and the first Appeal.
The Commission, therefore, decided to issue a Show Cause Notice to the PIO to
explain why penalty should not be imposed for this delay under Section 20(1) of
the RTI-Act.
7. The Commission now directs the Respondents to call the Complainant to
the office and, in the first instance, open up all the concerned files for his
inspection and provide whatever information the Complainant has sought in his
RTI-application. This may be done by 14 October 2008 after the two sides have
fixed up a time mutually convenient. The Complainant will be entitled to get
photocopies of the documents that he wants free of cost.
8. The Commission ordered accordingly.
Sd/-
(O.P. Kejariwal)
Information Commissioner
Authenticated true copy:
Sd/-
(G. Subramanian)
Assistant Registrar
Cc:
1. Shri D. Siva Balan, Advocate, District Court Complex, Port Blair, Andaman &
Nicobar.
2. Smt. Achla Singh, Special Secretary (SW) & PIO, Directorate of Social
Welfare, A & N Administration, Port Blair.
3. The Appellate Authority, Directorate of Social Welfare, A & N
Administration, Port Blair.
4. Officer Incharge, NIC
5. Press E Group, CIC