CENTRAL INFORMATION COMMISSION
Club Building, Opposite Ber Sarai Market,
Old JNU Campus, New Delhi - 110067.
Tel: +91-11-26161796
Decision No.CIC/SG/A/2009/001617/4526
Appeal No. CIC/SG/A/2009/001617
Appellant : Mr.Anand Swarup Garg,
Matrabhasa Vikas Parishad,
K-9, Anand Parbat,
New Delhi - 110005.
Respondent : Ms. Rita Chatterjee
Central Public Information Officer,
Directorate of Higher Education,
Languadeg Division,
Shastri Bhawan,
New Delhi - 110001.
RTI application filed on : 06/04/2009
PIO replied : 24/03/2009
First Appeal filed on : 12/05/2009
First Appellate Authority order : Not mentioned
Second Appeal Received on : 04/07/2009
Information sought:
RTI Application not enclosed
Photocopy of the letter sent to Haryana state and other states by Commission of Scientific and
Technical Terminology, New Delhi, in November 2008. Please mention reasons why had the
letter been sent in November, 2008 while President ordered on 30/12/1988 and order was given
by the Supreme Court on 06/09/2004.
PIO's Reply:
Serial No. 1: List of name and address to which the letter dated 23/04/2007 of Ex-Joint Secretary
(Admin. and language) of the Commission.
Serial No. 2, 5, & 6: Regarding this information is being collected. 1-2 month may be passed in
collecting information. Keeping the priority of important activities of the commission
information will be provided till April-May, 2009 after collecting information.
Serial No. 3 and 4: Training of Teachers of Haryana Govt. Till 21/07/2009 the commission has
received a list of teachers subject-wise through thirteen officials of District Education of
different district of Haryana. After July, 2008 and not receiving any list a letter has been sent by
the commission to Haryana along with other states for proposal regarding Terminology Training.
Till now no any proposal has been received from there. The letter subjecting proposal for
organizing Terminology Training/ Configuration Program for teachers had been sent to principal
secretary/Secretary/Director (Middle and Department of Higher Education) Haryana along with
other states in November, 2008 but the commission has not received the proposal for these
programs.
Grounds for First Appeal:
Appellant mentioned that he had not received any information. He requested to provide desired
information and take action against official responsible for delay.
Order of the First Appellate Authority:
Not mentioned.
Grounds for Second Appeal:
Appellant mentioned that he had not received any information.
Relevant Facts
emerging during Hearing:
The following were present:
Appellant: Mr. Mamohan on behalf of Mr.Anand Swarup Garg
Respondent: Mr. K.Bijoy Kumar on behalf of Ms. Rita Chatterjee
The information has been brought and provided to the Appellant before the Commission.
Decision:
The appeal is allowed.
The information has been provided to the Appellant before the Commission.
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 is apparent that the PIO Ms. Rita Chatterjee 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 show cause notice is being issued to her, and she
is directed give her reasons to the Commission to show cause why penalty should not be levied
on her.
She will present herself before the Commission at the above address on 02 September 2009 at
10.30am alongwith her written submissions showing cause why penalty should not be imposed
on her as mandated under Section 20 (1).
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
21 August 2009
(In any correspondence on this decision, mention the complete decision number.)Rnj
CC:
Ms. Rita Chatterjee
Shastri Bhawan
Ministry of HRD
New Delhi