CENTRAL INFORMATION COMMISSION
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Decision No. CIC/AD/C/2011/000543/SG/14244
Complaint No. CIC/AD/C/2011/000543/SG
Complainant : Mr. Pradeep Kumar Shukla
Village- Barewa, P.O-Bharehatha
(Chunar), Mirzapur, U.P-231304
Respondent : Public Information Officer
Scientist 'E'
Ministry of Environment and Forests
C.P Division, Room No.556
Paryavaran Bhawan, Lodi Road
New Delhi-110510
Facts
arising from the Complaint:
Mr. Pradeep Kumar Shukla had filed a RTI application with the PIO/Secretary,
Ministry of Environment & Forests, New Delhi on 08/11/2010 asking for certain
information. However on not having received the information within the mandated time,
the Complainant filed a complaint under Section 18 of the RTI Act with the Commission.
On this basis, the Commission issued a notice to the PIO, Ministry of Environment &
Forests, New Delhi on 07/07/2011 with a direction to provide the information to the
Complainant and further sought an explanation for not furnishing the information within
the mandated time.
The Commission received a letter dated 27/07/2011 from the Respondent viz
CPIO/Scientist ‘E’ wherein it has been stated that the Complainant had filed multiple RTI
Applications with the public authority on various environmental issues. Further stating
that information with regard to the RTI Application based on which the present
Complaint has been filed with the Commission has been provided to the Complainant
vide letter dated 21/01/2011. Copy of few communications including that of information
was also enclosed. However on perusal of the information provided it has been observed
that it is not with regard to the RTI Application of the present matter. The information
enclosed appears to be pertaining to some other RTI Application filed on the same date
concerning brick clins and stone crushers. The RTI Application in the present matter
concerns river ganga, for which no information appears to have been provided.
Decision:
The Complaint is allowed.
In view of the aforesaid, the PIO is hereby directed to provide the complete
information in regard to the concerned RTI Application dated 08/11/2010 to the
Complainant before 15/09/2011 with a copy to the Commission. From the facts before
the Commission, it appears that you have not provided the correct and complete
information within the mandated time and has failed to comply with the provisions of the
RTI Act. The delay and inaction on the PIO’s part in providing the information amounts
to willful disobedience of the Commission’s direction as well and also raises a reasonable
doubt that the denial of information may be malafide.
The PIO is hereby directed to send his written submissions to the Commission
before 20/09/2011 to show cause why penalty should not be imposed and disciplinary
action be not recommended against him under Section 20 (1) and (2) of the RTI Act. If
the information has already been supplied to the complainant, send a copy of the same to
the Commission with your written submissions, and also copy of proof of seeking
assistance from other person(s), if any.
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, 2005.
Shailesh Gandhi
Information Commissioner
25 August 2011
Encl: RTI Application dated 08/11/2010
(In any correspondence on this decision, mention the complete decision number.)(SP)