Central Information Commission Judgements

Mr. B.R. Manhas vs M/O Culture on 31 December, 2008

Central Information Commission
Mr. B.R. Manhas vs M/O Culture on 31 December, 2008
           Central Information Commission
                                              CIC/PB/C/2008/538/AD

                                             Dated December 31, 2008

Name of the Appellant         :      Mr. B.R. Manhas,


Name of Public Authority      :      The PIO
                                     M/o Culture


Background

1. The RTI request was filed on 7.3.08 before PMO requesting for
information on the modernization of Nehru Memorial Museum and
Library against 6 points. The PMO transferred the application to the
Ministry of Culture on 11.3.08. On not receiving any information, the
appellant filed complaint before CIC on 10.5.2008 requesting the
Commission to direct the CPIO, Ministry of Culture to supply the
information and to take action against the Respondent under Section
20 of the RTI Act. Notice was sent by the CIC on 8.8.08 requesting
the Respondent to provide their comments on the appeal.

2. The Bench of Mrs. Annapurna Dixit, Information Commissioner,
scheduled the hearing for December 31, 2008.

3. Mr. Umesh Kumar, Director, Mr. N. Balasubramanian, OSD, Mr. Desh,
Mr. Ghulam Mujtafa, Under Secretary and Mr. S.C. Kohli, OSD
represented the Public Authority.

4. The Appellant Mr. B.R. Manhas was present during the hearing.
Decision

5. The CPIO Ministry of Culture replied on 13.6.08 requesting the
appellant to provide payment of Rs.44 and subsequently sent the
para-wise information more than two months after the application was
transferred from PMO. The Appellant also received comments from
the Ministry of Culture on 6.9.08. The Commission directs the CPIO to
show cause as to why a penalty of Rs.250/- per day for the period
taken beyond the mandatory period after transfer of application to
them should not be levied on them. The response should reach the
Commission within 15 days of the receipt of this Order.

6. The appeal is disposed off.

(Annapurna Dixit)
Information Commissioner
Authenticated true copy:

(K.G. Nair)
Designated Officer
Cc:

1. Mr. B.R. Manhas,
Bhagwan Singh Building,
F-301 Lado Sarai,
New Delhi-110030

2. The CPIO
M/o Culture,
(C&M Section),
Vigyan Bhavan Annexe,
New Delhi

3. The Appellate Authority – RTI
Ministry of Tourism & Culture,
Department/Ministry of Culture,
Shastri Bhavan,
New Delhi 110 001

4. Officer incharge, NIC

5. Press E Group, CIC