In the Central Information Commission
at
New Delhi
File No: CIC/AD/C/2010/000481
Date of Hearing : February 21, 2011
Date of Decision : February 21, 2011
Parties:
Applicant
Shri Amit Kumar
21K, PocketIV
Mayur Vihar
PhaseIII
Delhi 110 092
The Applicant was not present during the hearing.
Respondents
All India Institute of Medical Sciences
Ansari Nagar
New Delhi
Represented by : None
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
In the Central Information Commission
at
New Delhi
File No: CIC/AD/C/2010/000481
Adjunct to Captioned Order dt.9.9.10
Background
1. The Commission vide its Order dt.9.9.10 directed the CPIO to provide complete information to the
Complainant by 30.11.10 and also to submit to the Commission a copy of the information provided
along with an explanation for not supplying the information within the mandated time period.
2. The Commission received a complaint dt.8.12.10 from the Complainant stating that he had received a
letter dt.7.10.10 from Dr.D.K.Sharma, Appellate Authority forwarded by CPIO FMT AIIMS on 8.10.10
wherein the reply dated 6.3.10 was enclosed. He further added in his complaint that no explanation
whatsoever has been received for not supplying the information within the time specified and further
no reason is available for nondisposal of first appeal by the First Appellate Authority within the
prescribed time period .
3. The Commission accordingly scheduled a hearing on 21.2.11 and a hearing notices were issued to
both the parties on dt.8.2.11
Decision
4. During the hearing, Dr.O.P.Murthy, Respondent CPIO submitted that in response to the complaint
filed by the Complainant before CIC, the information was furnished to the Appellant on 6.3.10 and in
compliance with the CIC Order dt.9.9.10, the same set of information was provided to him on
8.10.10 once again. When the Commission queried as to when the PIO had replied to the RTI
application, Dr.O.P.Murthy replied that as per records, no such information is available and that he
was not the CPIO at the time the RTI application was received. Hence he is not aware of the reasons
for the delay in responding to the RTI application.
3. The Commission on review of the information provided noted that complete information has been
furnished twice to the Appellant and is unable to understand what further information he requires
other than the explanation for the delay in responding to the RTI application. However, in the interest
of the Appellant, he (Appellant) is advised to inform the PIO what information is still missing within 5
days of receipt of this order so that the PIO can provide him the same within 15 days of receipt of
these details.
4. The Commission also observed that no explanation for the delay was provided by the then CPIO and
accordingly directs the then PIO to show cause as to why a penalty of Rs.250/ per day (Maximum
Rs.25000/) should not be levied on him for not responding to the RTI application within the
mandatory period as stipulated in the RTI Act. He is directed to submit his written response to the
Commission by 21.3.11. Dr.O.P.Murthy, FMT, AIIMS is directed to forward a copy of this Order to the
then CPIO.
5. The Complaint is disposed of with the above directions.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy
(G.Subramanian)
Deputy Registrar
Cc:
1. Shri Amit Kumar
21K, PocketIV
Mayur Vihar
PhaseIII
Delhi 110 092
2. The Public Information Officer
All India Institute of Medical Sciences
Ansari Nagar
New Delhi
3. Officer Incharge, NIC