Central Information Commission, New Delhi
File No.CIC/SM/A/2010/000876
Right to Information Act2005Under Section (19)
Date of hearing : 17 January 2011
Date of decision : 17 January 2011
Name of the Appellant : Shri A Khalid
Markazu Ssaquafathi Ssunniyya
Kanyapuram, Wimberly Gunj,
South Andaman.
Name of the Public Authority : CPIO, O/o the Deputy Commissioner,
Port Blair,
A&N Isaland.
The Appellant was not present in spite of notice.
On behalf of the Respondent, Shri Mohammad, CPIO was present.
Chief Information Commissioner : Shri Satyananda Mishra
Decision Notice
Appeal allowed
Elements of the decision:
Section 20 (1) CPIO is directed to provide information – show
cause notice.
2. We heard this case through video conferencing. The Appellant was not
present in spite of notice. The Respondent was present in the Port Blair studio
of the NIC.
3. The Appellant had sought a number of information regarding the record
CIC/SM/A/2010/000876
entry and sketch map furnished by Sri C Hassanair in support of his claim for
holding the title of the land bearing survey number 169/P. Belatedly, the CPIO
forwarded him the information received from the Tehsildar, Ferrargunj. The first
appeal preferred by the Appellant does not seem to have been disposed off. In
the second appeal, the Appellant has prayed for directions to the CPIO to
provide him the desired information and to compensate him towards the costs
and other incidentals.
4. After hearing the submissions of the Respondent and carefully
considering the facts of the case, we are of the opinion that the Appellant
should be shown the relevant records in this regard for his inspection.
Therefore, we direct the CPIO to invite the Appellant on any mutually
convenient date within 15 working days from the receipt of this order and to
show him all the relevant records in this regard for his inspection. After
inspection, if he chooses to get the photocopies of some of the records, the
CPIO shall provide the same free of cost.
5. In this case, the RTI application had been filed on 21 July 2009 while the
CPIO had replied on 7 October 2009, obviously, nearly one and half months
beyond the stipulated period of 30 days. If the CPIO does not have any valid
explanation for this delay, he will be liable for imposition of penalty in terms of
Section 20(1) of the Right to Information (RTI) Act. Before deciding on the
penalty, we would like to hear the explanation of the officer concerned. We,
therefore, direct the present CPIO to forward a copy of this order to the
officer(s) concerned who had been responsible for the delay in this case to
appear before us through video conferencing (NIC, VC Studio, R.No.11,
Ground Floor, Old Pradesh Building, Port Blair – 744 101. Contact
OfficerMr. Narasimha Rao & Contact No. 03192232733) on 7 March
2011 at 11.00 a.m. and explain the reasons for the delay. If they fail to appear
CIC/SM/A/2010/000876
or offer any satisfactory explanation in the matter, we will proceed to impose
penalty without giving any further opportunity of hearing.
6. The case is disposed of accordingly.
7. Copies of this order be given free of cost to the parties.
(Satyananda Mishra)
Chief 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)
Deputy Registrar
CIC/SM/A/2010/000876