Central Information Commission
Complaint No.CIC/SM/C/2009/000820
Right to Information Act2005Under Section (18)
Dated: 27 October 2010
Name of the Complainant : Shri Chachayea
A&N State Olympic Associate,
B87, Top Floor, G.B. Pant Hospital Road,
Opp. Netaji Stadium, Port Blair.
Name of the Public Authority : CPIO, Andaman & Nicobar Islands,
Port Management Board,
Port Blair.
On behalf of the Respondent, Shri Anand Chander Bose was present.
2. In our order dated 15 December 2009, we had directed the CPIO not
only to provide the desired information by a certain date but also to explain the
reasons for not providing any information to the complainant at the beginning.
In response to our directions, the ACPIO informed the Commission on 5
January 2010 that the desired information had been sent to the complainant.
He had offered no explanation about the delay and, therefore, we had asked
him to appear before us and explain the reasons.
3. Today, during the hearing through videoconferencing, the CPIO was
present in the Port Blair studio of the NIC. We heard he submissions. He
submitted that the information sent to the complainant as above had returned
undelivered by the postal authorities as the addressee was not found. About the
delay, he submitted that the RTI application received in his office in the receipt
CIC/SM/C/2009/000820
section was never put up to him and he had never known about this application.
Even if this is true, the CPIO must inform us who in his office was responsible
for sitting over the application and not producing it to him so that he could have
taken appropriate action in providing information to the complainant in time.
4. In the light of the above, we direct the CPIO to appear before us on the
next date of hearing through videoconferencing (NIC VC Studio, R.No.11,
Ground Floor, Secretariat Complex, Old Pradesh Building, Port Blair –
744 101. Contact Officer Mr. Narasimha Rao & Contact No. 03192
232733) on 14 December 2010 at 11.30 a.m. along with the individual
employee(s) responsible for not producing the RTI application to him when it
had been filed on 30 October 2008. We will decide about the imposition of
penalty in terms of Section 20(1) of the Right to Information (RTI) Act only after
hearing the employee(s) concerned.
5. Notice be issued to the CPIO concerned for the next date of hearing.
6. Copies of this order be given free of cost to the parties.
(Satyananda Mishra)
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)
Assistant Registrar
CIC/SM/C/2009/000820
CIC/SM/C/2009/000820