CENTRAL INFORMATION COMMISSION
Room No. 415, 4th Floor,
Block IV, Old JNU Campus,
New Delhi -110067
Tel: + 91 11 26161796
Decision No. CIC /WB/C/2007/00404/SG/2218
Appeal No. CIC/WB/C/2007/00404/SG
Relevant Facts
emerging from the Complaint:
Complainant : Mr. Mahesh,
Himani offset
B-41, D.S.I.B.C. Complex,
Kirti Nagar, New Delhi-110015.
Respondent : The Addl. Distt. Magistrate (S)&
PIO
Govt. of NCT of Delhi
Office of the Dy. Commissioner (South)
M.B.Road, Saket, New Delhi.
RTI filed on : 09/04/2007 PIO replied : Not Mentioned First Complaint filed on : Not Mentioned First Appellate Authority order : Not Mentioned Second Complaint filed on : 28/05/2007.
The Complainant had asked following information regarding Labour Court’s
order: I.D. No. 629/98, dated: 14.01.05 according to recover of Rs.2,36,917/- from M/s.
Houte Cutter India Sh. Sonu Aahuja, D-1040, New Friends Colony, New Delhi.
1. What is the reason for aforesaid order not being implemented.
2. What is the maximum time limit is for finished that kind of Orders. Please
provide a photocopy of relevant rules/regulation.
3. Please provide daily progress report.
4. Furnish name and designation of Officers who have the responsibility for
aforesaid order implementing?
5. What action has been taken against officers who are responsible for not
implementing the order? Give details.
6. When would I receive my money?
PIO’s reply
Not Mentioned.
The First Appellate Authority ordered:
Not Mentioned.
Relevant Facts emerging during Hearing:
The following were present
Appellant : Absent
Respondent : Absent
It is apparent that the information has not been provided to the appellant, in complete
violation of the RTI act. The First appellate authority also has not done his duty.
Decision:
The complaint is allowed.
The PIO will provide the information free of cost to the appellant before 5 April 2009.
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 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 give his written submissions showing cause why penalty should not be imposed
on him as mandated under Section 20 (1) before 10 April, 2009. He will also submit
proof of having given the information to the appellant.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi
Information Commissioner
16 March, 2009
(In any correspondence on this decision, mentioned the complete decision number.)
(AK)