CENTRAL INFORMATION COMMISSION
Club Building, Near Post Office
Opp. Ber Sarai Market, Old JNU Campus,
New Delhi - 110067.
Tel : + 91 11 26161796
Decision No. CIC/SG/C/2009/000246/3381
Complaint No. CIC/SG/C/2009/000246
Complainant : Mr. Manoj Kumar Pandit,
Azad Nagar, Bhuli,
Bank More, Dhanbad
Jharkand
Respondent : Public Information Officer,
Railway Board,
Rail Bhavan,
New Delhi 110001
Facts
arising from the Complaint:
Mr. Manoj Kumar Pandit had filed a RTI application with the PIO at the Municipal
Corporation of Delhi on 07/08/2008 asking for certain information. Since no reply was received
within the mandated time of 30 days, he had filed a complaint under Section 18 to the
Commission. The Commission issued a notice to the PIO on 30/03/2009 asking him to supply
the information and sought an explanation for not furnishing the information within the
mandated time.
The PIO vide letter dated, 01/05/2009 stated that, the necessary action have been taken
and the appellant didn’t comply with instruction given to him.
It is evident from the PIO’s letter to Commission that, the appellant has addressed the
IPO to the Public Information Officer, which is wrong in law. The PIO asked the appellant to
pay the correct fee and stated, “You are requested to submit the correct fee of Rs.10/- either by
cash against proper receipt or Demand Draft or Banker’s Cheque or Indian Postal Order drawn in
the favor Pay and Accounts Officer Railway Board, New Delhi-110001. After receiving the
correct fee, the case will be opened and required information may be supplied to you.”
The appellant didn’t pay the fee in the correct manner and subsequently the again on
07/01/2009 the PIO has intimated the appellant that, he should pay the IPO in the name of
‘Accounts Officer.’
It should be noted that, the RTI application is invalid without the fee of Rs.10/-. The fee
should be paid as per the rule 3 of The Right to Information (Regulation of Fee and Cost) Rules.
The Rule 3 states that, “A request for obtaining information under sub section (1) of
Section 6 shall be accompanied by an application fee of rupees ten by way of cash against
proper receipt or by demand draft or banker’s cheque or Indian Postal Order payable to the
Accounts officer of the Public Authority.”
The PIO’s rejection of the RTI application is valid in law and the Commission uphold his
contention.
Decision:
The Complaint is dismissed.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi
Information Commissioner
May 22, 2009
(Please refer to the above mentioned decision number in case of any further communication)