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Decision No. CIC/SG/A/2011/000384/12427
Appeal No. CIC/SG/A/2011/000384
Appellant : Mr. Manish Mehra
C/o Dr. Deepak Sharma
Genome Mapping Laboratory,
Avian Medicine Block, CARI,
Izzatnagar, Bareilly-243122
Respondent : CPIO/D.G.E.T(HQ)
Ministry of Labor and Employment
Shram Shakti Bhavan, Rafi Marg,
New Delhi-110 001
RTI application filed on : 10.10.2010
RTI transferred on : 21.10.2010
First appeal filed on : 10.12.2010
FAA's order : No order
Second Appeal received on : 07.02.2011
Information Sought:
Certified Copy of the complete service book record of Mr. D. Mallick presently designated as ATI,
Kanpur, UP.
PIO's reply:
Not mentioned.
First Appeal:
No reply from the PIO.
Ground of the 2nd Appeal:
No reply from the PIO.
Relevant Facts
emerging during Hearing:
The following were present
Appellant : Mr. Manish Mehra on video conference from NIC-Bareilly Studio;
Respondent : Absent;
The Appellant states that he has received information sent by Mr. V. K. Singh, CPIO. The
photocopy of the service books he has received is of Mr. D. Mallick, Director, ATI Kanpur. There is
no explanation why this information has been sent so late. The RTI application has been transferred to
Mr. V. K. Singh on 21/10/2010. Hence the information should have been provided to the Appellant
before 27/11/2010. Instead the information has been sent to him only on 18/03/2011.
Decision:
The Appeal is allowed.
The information has been received by the appellant.
The issue before the Commission is of not supplying the complete, required information by the
PIO Mr. V. K. Singh within 30 days as required by the law.
From the facts before the Commission it appears that the PIO Mr. V. K. Singh is guilty of not
furnishing information within the time specified under sub-section (1) of Section 7 by not replying
within 30 days, as per the requirement of the RTI Act. It appears that the PIO’s actions attract the
penal provisions of Section 20 (1). A showcause notice is being issued to him, and he is directed give
his reasons to the Commission to show cause why penalty should not be levied on him.
Mr. V. K. Singh, PIO will present himself before the Commission at the above address on
07 June 2011 at 11.30am alongwith his written submissions showing cause why penalty should not
be imposed on him as mandated under Section 20 (1). He will also submit proof of having given
the information to the appellant.
If there are other persons responsible for the delay in providing the information to the Appellant the
PIO is directed to inform such persons of the show cause hearing and direct them to appear before
the Commission with him.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi
Information Commissioner
18 May 2011
(In any correspondence on this decision, mention the complete decision number.) (MC)