CENTRAL INFORMATION COMMISSION
Complaint No.- CIC/WB/C/2009/000450 dated: 22.09.'09
Right to Information Act- Section 18
Complainant: Shri Gautam Paul
Respondent: Sahitya Akademi, North East Centre for Oral Literature
Decision announced 27.7.2010
Facts
:
The Commission has received a complaint from Shri Gautam Paul of
Laitumkhrah, Shillong and now of Surya Sen Street Kolkata, that his request
submitted to the Central Public Information Officer, Sahitya Akademi, North East
Centre for Oral Literature, New Delhi, seeking copies of action taken report
against his letters sent to the Akademi on 25.03.2009 and 30.04.2009 and a
reminder dated 15.05.2009 requesting copies of ACRs for the last ten years with
reference to a Kolkata High Court Order, has not been responded to, even
though the same was duly submitted again along with requisite fee dated
12.06.2009. He has further alleged that no response has been given on his 1st
appeal filed on 29.06.2009 u/s 19(1) of the Act.
Admitting the complaint of Shri Paul, the Commission served notice on
CPIO, Sahitya Akademi, New Delhi, on 24.06.2010 for furnishing comments. In
his response, the 1st appellate authority Shri A. Krishna Murthy, Secretary,
Sahitya Akademi, New Delhi submitted his comments on 08.07.2010, submitting,
“Sri Gautam Paul, who is working as Assistant Editor at our Regional Office,
Kolkata under the control of Regional Secretary. For the purpose of ACRs,
Regional Secretary is the reporting officer while Secretary; Sahitya Akademi is
the reviewing officer.
It has been ascertained that the ACRs of Sri Gautam Paul up to1 the year
2005 and 2006 has already been sent to him. As far as the ACRs beyond 2006
are concerned, the same will be furnished to him as soon as possible.”
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Underlined by us
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On the other hand the complainant Shri Gautam has also filed a rejoinder
pleading, “I have not yet received any copy of reply against your letter (notice)
from them (Sahitya Akademi). Instead, I have been provided the ACR for 2006
only on 09.07.2010 suppressing that of 2004, 2005, 2007 & 2008 and the action
taken report against my reply dated 15.10.2007 as stated in column 6 of the
application.”
Decision
From a perusal of facts available in the comments, it has been observed
that the CPIO, Sahitya Akademi, New Delhi has actually given no response to
the request of complainant. As intimated by complainant, he has received only
one response on 09.07.2010, i.e. after issue of appeal notice, enclosing the copy
of his ACR for the year 2006.
In light of the above the CPIO, Sahitya Akademi, New Delhi is hereby
directed to send the remaining copies of ACRs to complainant within 30 days
from receipt of this decision notice after obtaining these from the Regional Office,
Kolkata. The CPIO, Sahitya Akademi is further directed to show cause as to why
a penalty of Rs. 250/- per day from the date when the information fell due i.e.
12.07.2009 to the date when the information is actually supplied, not exceeding
Rs. 25,000/- should not be imposed on him under Section 20(1) of the RTI Act.
The CPIO will submit his written explanation to us through Jt Registrar CIC Shri
PKP Shreyaskar, August Kranti Bhawan, Bhikaji Cama Place on or before
10.08.2010, failing which this Commission will proceed with the necessary steps
to ensure compliance with Sec 20 The complaint is thus allowed.
Announced on this twenty-seventh day of July 2010. Notice of this
decision is given free of cost to the parties.
Wajahat Habibullah
(Chief Information Commissioner)
27 Jul 2010
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Authenticated true copy, additional copies of order shall be supplied against
application and payment of the charge prescribed under the Act to the CPIO of
this Commission.
Pankaj K.P. Shreyaskar
Joint Registrar
27 Jul 2010
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