Dr. C.K. Datta vs National Institute Of … on 6 January, 2009

Central Information Commission
Dr. C.K. Datta vs National Institute Of … on 6 January, 2009
                 CENTRAL INFORMATION COMMISSION
                           Room no.415, 4th Floor, Block IV,
                          Old JNU Campus, New Delhi 110066.
                                Tel : + 91 11 26161796
                                    Decision No. CIC /OK/C/2008/00079/SG/0880
                                    Complaint No. CIC /OK/C/2008/00079/SG

Complainant                           :        Dr. C.K. Datta
                                               Professor, Mech. Engg. Deptt.
                                               Delhi College of Engg.,
                                               Bawana Road, Delhi-110042

Respondent                             :       The Registrar,
                                               National Institute Of Technology
                                               Silchar, Assam

Facts

arising from the Complaint:

Dr. C.K.Datta had filed a RTI application with the PIO, NIT Silchar on 15/10/2007
asking for certain information. The RTI application was transferred to the Registrar, NIT
on 29/10/2007. Since no reply was received within the mandated time of 30 days, he had
filed a complaint under Section 18 to the Commission.
The Commission issued a notice to the Registrar asking him to supply the information
and sought an explanation for not furnishing the information within the mandated time.
The Registrar vide his reply dated 23/12/2008 has informed the Commission that the PIO
of the institute has been instructed to provide the information free of cost to the
complainant immediately. The Registrar in his aforesaid reply has also mentioned that
the complainant has not paid Rs.149 that he was asked to pay on 29/11/2007 as cost of
providing the requisite information. The complainant can not be asked to pay the fees
after/at the end of expiry of the time period, with in which he is to be provided with the
information. Section 7 (6) of the RTI Act makes it very clear that information has to be
provided free of charge when a public authority fails to comply with the time limits
specified in sub-section 1.

Decision:

Complaint Disposed Off.

The PIO has also given an explanation for the delay. The Commission condones the
delay and warns the PIO to ensure that information is given to applicants with in 30 days
as mandated under Section 7 (1) of the RTI act.

Notice of this decision be given free of cost to the parties.

Shailesh Gandhi
Information Commissioner
January 6, 2009

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