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Decision No.CIC/SG/A/2010/000447/7415
Appeal No. CIC/SG/A/2010/000447
Appellant : Mr. Herpal Singh Rana,
R/O A-1 Village & PO Kadipur,
New Delhi-110036
Respondent : Public Information Officer
D.O.(N.W-II)
Dept. of Women and Child Development,
Govt. of NCT of Delhi
Model Town-III, Delhi - 110001
RTI application filed on : 18/06/2009
PIO replied : 04/08/2009
First appeal filed on : not mentioned
First Appellate Authority order : 05/11/2009
Second Appeal Received on : 11/02/2010
Notice of Hearing Sent on : 12/03/2010
Hearing Held on : 08/04/2010
Appellant sought information regarding his application on 9 points:
S.No. Information Sought
1. Provide the copy of daily progress report.
2. Provide the name, designation, contact no. and address of the officers, who had worked on
the said application and for how much duration it will be with them?
3. Provide certified copies of the receiving and dispatch letter regarding the said application?
4. Provide copies of rules and regulation regarding the procedure for dealing with the said
application?
5. Why the concerned officials are not working on the basis of these rules and regulations?
Provide copy of CONDUCT RULES for these officials.
6. Whether officials will held be liable for mental harassment to the Appellant?
7. Whether any action can be taken against these officials who had caused mental harassment
to the general public?
8. Within in how much duration my application will be treated and answered, mention the
same.
PIO's Reply:
Replied with detailed information, as sought by the Appellant.
Order of the FAA:
Some of the points pertain to the department of Social Welfare and the RTI application is being
forwarded. The Appellant was satisfied but he requested for further clarifications regarding
information in respect of Mrs. Veena Rawat, Ms. Tulsi Devi and Bristi. The PIO is directed to
provide the same after checking from FAS Branch.
Grounds for Second Appeal:
FAA misbehaved at the time of hearing, Appellant requested for action to be taken against FAA.
Relevant Facts
emerging during Hearing:
The following were present
Appellant: Mr. Herpal Singh Rana;
Respondent: Absent;
The Appellant states that whereas certain information has been given to him some of the
important information has been missing. The Appellant has sought information about cases
where persons have applied for old age, widows and handicapped pension. In some cases he has
been informed that the papers have been passed but no reasons have been given fro not giving
the pensions. In other case where applications have been shown as having been rejected the
reasons for rejection have not been given. The PIO is directed to give the following information
to the Appellant:
1- The PIO is directed to give information to the appellant as to why in cases where
applications have been accepted, pensions have not been given.
2- The PIO is also directed to provide the photocopies of the reasons for rejecting some of
the applications mentioned by the Appellant.
3- The time period by which the applications are supposed to be processed and the pensions
have been given.
The appellant states that the First Appellate Authority Mr. Kale had not been very polite during
the appellate hearing.
Decision:
The appeal is allowed.
The PIO is directed to give the information as directed above to the
Appellant before 25 April 2010.
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 is guilty of not furnishing complete
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 showcause notice is being issued to him, and he is directed give his reasons to the
Commission to show cause why penalty should not be levied on him.
He will present himself before the Commission at the above address on 14 May 2010 at 4.00pm
alongwith his written submissions showing cause why penalty should not be imposed on him as mandated
under Section 20 (1). He will also submit proof of having given the information to the appellant.
If there are other persons responsible for the delay in providing the information to the Appellant the PIO
is directed to inform such persons of the show cause hearing and direct them to appear before the
Commission with him.
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
08 April 2010
(In any correspondence on this decision, mention the complete decision number.)ASH