Central Information Commission
CIC/AD/A/2010/000168
Dated April 5, 2010
Name of the Applicant : Shri Himmat Changwal
Name of the Public Authority : ITDC
Background
1. The Applicant filed his RTI application dt.8.9.09 with the CPIO, ITDC requesting for the following
information:
i) List of employees granted special increments
ii) Criteria taken for granting the special increments
iii) Copy of the approval taken from the appropriate authority for granting the special
increments
iv) Copy of the rule of corporation under which the special increments were granted. Shri
S.K.Maitra, Vice Presidence (HRCPIO) replied on 30.9.09 informing the Applicant that information
desired is denied as per Section 2(f) of the RTI Act 2005 as the same needs compilation. Further,
the CPIO is not expected to furnish information which involves compilation. Not satisfied with the
reply, the Applicant filed an appeal dt.27.10.09 with the Appellate Authority stating that the plea taken
by the CPIO is incorrect as the information does not need any compilation and is well covered under
the definition of information as per Section 2(f) of the Act and requested the Appellate Authority to
direct the CPIO to provide the information as sought by him. Shri P.P.Singh, Appellate Authority and
Director (F) in his order dt.26.11.09 stated that the Applicant in his RTI application has not specified
the period for which the information is required by him. He, however, directed the CPIO to allow
inspection of all the files relating to the information as requested by the Applicant and also to provide
him with copies of the records/documents. He further added that the Applicant will have to pay the
inspection fee as prescribed under the RTI Act and rules framed there under. With reference to
S.No.4 of the RTI application, he directed the CPIO to provide the copy of the relevant rules in vogue
in ITDC under which the special increments are granted to the employees of ITDC. In compliance to
the Appellate Authority’s order, Shri S.K.Maitra vide his letters dt.2.12.09 and 14.12.09 invited the
Applicant for inspection of files on 9.12.09 and 22.12.09 respectively. Not satisfied with the reply, the
Applicant filed a second appeal dt.18.12.09 before CIC stating that he had written a letter dt.8.12.09
requesting the CPIO to allow him to inspect the files and to provide the documents free of charge but
the CPIO failed to provide the information within one month of filing his application as per the RTI Act
and that he had refused to provide the information free of cost.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing for April 5,
2010.
3. Shri Kashmiri Lal, Sr.Manager (HR) represented the Public Authority.
4. The Applicant was not present during the hearing.
Decision
5. The Respondents produced before the Commission a letter dt.1.2.10 vide which information was
provided to the Appellant, free of cost.
6. Since there is no further communication from the Appellant after he received the information, it is
assumed that he is satisfied with it.
7. The CPIO to showcause as to why a penalty of Rs. 250/ per day should not be imposed upon him for
not providing the information within the mandatory period of one month. The response to reach the
Commission by 10 May, 2010.
8. The appeal is accordingly disposed of.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G.Subramanian)
Deputy. Registrar
Cc:
1. Shri Himmat Changwal
C/o All India ITDC Employees Union
C204 & 219 Staff Quarters
Ashok Hotel
Chanakyapuri
New Delhi 110 021
2. The CPIO
India Tourism Development Corpn. Ltd
Scope Complex, Core 8
6th Floor, 7 Lodhi Road
New Delhi
3. The Appellate Authority
India Tourism Development Corpn. Ltd
Scope Complex, Core 8
6th Floor, 7 Lodhi Road
New Delhi
4. Officer incharge, NIC
5. Press E Group, CIC