Central Information Commission
Appeal No.CIC/WB/A/2007/01651-SM dated 06.8.2007
Right to Information Act-2005-Under Section (19)
Dated 13.02.2009
Appellant : Shri Sachin Dev Sharma
Respondent : Military Engineering Service, Ministry of Defence
On behalf of the Appellant Shri Vishnu Dev Sharma is present.
On behalf of the Respondent, the following are present:-
(i) Shri Kuldeep Kapoor, CPIO
(ii) Shri Rameshwar, Director
The brief facts of the case are as under.
3. The Appellant had requested the CPIO, in his letter dated 6.8.2007, asking for copies of
the Inquiry Report on the complaints of the Appellant and on the letters of one MLA. The CPIO
did not reply to him within the stipulated period. He also did not inform him that his request had
been transferred to the Office of the Chief Engineer, Southern Command. The Office of the Chief
Engineer Southern Command, asked him in letters dated 29.8.2007 and 13.9.2007 to deposit
Rs. 20/- as an additional fee. In the mean while, he had also filed an Appeal before the first
Appellate Authority on 10.9.2007. It is not clear if any reply was sent to him ever. He has now
approached the Commission in Second Appeal.
4. The case was heard through video conferencing. We heard the submissions of both the
sides. We take a very strong view of the fact that neither the CPIO nor the first Appellate
Authority responded to his request within the stipulated period or even thereafter. We direct the
CPIO to explain within 10 working days from the receipt of this order as to why a penalty of
Rs.25000/- be not imposed on him for willful denial of information.
5. During the hearing, the Respondent informed him that a case was pending concerning
this matter in a Competent Court filed by the Appellant himself and various documents and
records had been furnished to that Court. We direct the CPIO to provide the Appellant within 10
working days from the receipt of this order a copy of the said Inquiry Report as desired by the
Appellant in case that report has not yet been furnished to the Competent Court. If it has already
been deposited in the said Court, the Appellant can get acopy of that from the said Court. With
the above directions, the Appeal is disposed off.
5. Copies of this order be given free of cost to the parties.
(Satyananda Mishra)
Information Commissioner
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.
(Vijay Bhalla)
Assistant Registrar