CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2011/00324/11883
Appeal No. CIC/SG/A/2011/000324
Relevant Facts
emerging from the Appeal
Appellant : Mr. Rahul Sagar
B – 143, Kondli,
Sabji Mandi Chowk, Delhi – 96
Respondent : Public Information Officer,
District Welfare Officer (East)
Department of Society Welfare
10-Block, Silai Center, Geeta Colony
Near Shamshan Ghat, Yamuna Pusta,
Delhi
RTI application filed on : 30/08/2010
PIO replied : 18/19/2010
First appeal filed on : 31/12/2010
First Appellate Authority order : 14/01/2011
Second Appeal received on : 02/02/2011
S No. Information Sought Reply of the Public Information
Officer(PIO)
1. Sonu S/o Shri Jagveer Singh is a The application has not been received by
handicap. He applied for pension for the department.
handicapped. The appellant has sought
information regarding as to why
Sonu’s pension has not been decided.
2. The no. of days required to decide the The application has not been received by
pension for handicapped. Is there any the department.
prescribed no. of days, if not then
why?
3. When will Sonu’s pension be decided? The application has not been received by
the department.
4. The name of the officer appointed to The application has not been received by
deal with such applications. the department..
Ground for First Appeal:
No information supplied to the appellant.
Order of the First Appellate Authority (FAA):
After going through the ground of appeal of the appellant, the appeal is according disposed off with
the following directions:-
“The matter is pertaining to the grant of Handicapped Pension to Sh. Sonu S/o Sh. Jagble Singh, so,
the PIO/Distt. Officer (East) is hereby directed to resolve the grievance of the appellant as per the
Rules & provide the specific information as per record available as per RTI Act, to the Appellant
within 15 days”
Ground of the Second Appeal:
No information supplied to the appellant after the order of the FAA.
Relevant Facts emerging during Hearing:
Both the parties were given an opportunity for hearing. However, neither party appeared. From a
perusal of the papers it appears that the information as directed by the First Appellate Authority has
not been provided to the Appellant. The First Appellate Authority had directed the PIO/District Officer
(East) to provide the information to the appellant within 15 days.
Decision:
The Appeal is allowed.
The PIO is directed to provide the information as per the order of the First
Appellate Authority to the Appellant before 25 April 2011.
The issue before the Commission is of not supplying the complete, required information by the
PIO within 30 days as required by the law.
From the facts before the Commission it appears that the PIO 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. He has further refused to obey the orders of his superior officer, which
raises a reasonable doubt that the denial of information may also be malafide. The First Appellate
Authority has clearly ordered the information to be given.
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.
He will present himself before the Commission at the above address on 09 May 2011 at 10.30am
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
06 April 2011
(In any correspondence on this decision, mention the complete decision number.) (RP)