Central Information Commission Judgements

Mr. Himmat Changwal vs Itdc on 26 October, 2009

Central Information Commission
Mr. Himmat Changwal vs Itdc on 26 October, 2009
            Central Information Commission

                                                         CIC/AD/A/2009/001274

                                                          Dated 26th October, 2009


Name of the Applicant                   :   MR. HIMMAT CHANGWAL


Name of the Public Authority            :   ITDC

Background

1. The Applicant filed an RTI request dated 22.01.08 with the CPIO, Hotel
Samrat, Delhi requesting for all the documents relating to the investigation on
and action taken in the matter of the Applicant’s complaint dated 23.09.07
regarding the alleged complaints of corrupt activities in the Hotel by the
Supervisor, Mr. P.P. Singh. The CPIO replied on 05.02.08 enclosing a copy of
IOC dated 30.01.08 of DGM enclosing therewith a photocopy of the
Investigation Report dated 08.01.08 in the matter of the Applicant’s
complaint. The Appellant, not satisfied with the reply, filed his First Appeal on
11.02.08 requesting for all the relevant documents in this connection. The
Appellant again sent a reminder to the CPIO dated 12.03.08 in this
connection. The CPIO vide letter dated 18.03.08 sent further information to
the Appellant. The Appellate Authority replied on 19.05.09 stating that as per
meeting held between him and CPIO in the CPIO’s office on 15.05.09 and
after discussion and inspecting relevant documents, copy of the action taken
report has been made available to his office by the DGM, Hotel Samrat. The
Appellate Authority enclosed the copy of the action taken report. Still not
satisfied with the reply, the Appellant filed a Second Appeal before the CIC
seeking penal action against the CPIO for intentionally withholding the
information.

2. The Bench of Mrs. Annapurna Dixit, Information Commissioner scheduled the
hearing for 26th October, 2009.

3. Mr. Rajendra Nigani, General Manager, Mr. Rajiv Makin, Director, Mr.Manjeet
Singh AM (Legal) and Mr. Kashmiri Lal, Sr. manager (HR) represented the
Public Authority.

4. The Applicant was not present during the hearing.

Decision

5. The Commission reviewed the information provided and holds that all
information has been furnished to the Appellant including the Action-Taken
Report which was enclosed alongwith the Appellate Authority’s order.

6. With regard to the delay in providing the information, the Commission directs
the CPIO to Show Cause as to why a penalty of Rs.250/- per day should not
be imposed against on him for not providing the complete information within
the stipulated period of one month. The response to the show cause notice to
reach the Commission by 15th November, 2009. The Appeal is accordingly
disposed off.

(Annapurna Dixit)
Information Commissioner

Authenticated true copy:

(G. Subramanian)
Assistant Registrar
Cc:

1. Mr. Himmat Changwal,
Unit Secy,
Unit Hotel Samrat,
AIITDC Employees Union,
C-204 & 219, Staff Qrts.,
Ashok Hotel, Chanakyapuri,
New Delhi 110 021.

2. The PIO
India Tourism Development Corpn. Ltd.
Hotel Samrat
Kautilya Marg, 50,
Chanakya Puri,
New Delhi 110 021.

3. The Appellate Authority
India Tourism Development Corpn. Ltd.
Scope Complex, Core 8
6th Floor, 7, Lodhi Road
New Delhi.

4. Officer in charge, NIC

5. Press E Group, CIC