CENTRAL INFORMATION COMMISSION
Room no. 415, 4th Floor, Block IV,
Old JNU Campus, New Delhi - 110066
Tel: +91 11 26161796
Decision No. CIC/SG/A/2008/00051/SG/0808
Appeal No. CIC/ SG/A/2008/00051
Relevant facts emerging from the Appeal:
Appellant : Mr. R.N. Goel
H-19/56, Sector-7
Rohini, Delhi-110085
Respondent 1 : Ms. Anju Mangala
Deputy Secretary/Public Information Officer
Art, Culture and language Department
C-Wing, 7th Floor
Delhi Secretariat
I.P. Estate, New Delhi- 110002
RTI application filed on : 15/01/2008
Reply of the PIO : 12/03/2008
First Appeal filed on : 13/04/2008
First Appellate Authority order : 02/06/2008
Second Appeal filed on : 06/11/2008
Information Sought:
The appellant had sought information regarding an enquiry committee constituted by Art,
Culture & language department, to enquire into financial and administrative irregularities in
Urdu Academy. Irregularities included large scale fraud in illegal appointment without sanctions
and in violation of RRs and finance frauds to the extent of 35,000%, Inquiry committee first
submitted an interim report and later a final report; The information was sought from Ms. Anju
Mangala Deputy Secretary/Public Information Officer ,Art, Culture and language Department
C-Wing, 7th Floor
Delhi Secretariat,I.P. Estate, New Delhi.
Sl. Information Sought PIO's Reply
1. Interim Report of Inquiry Committee. No interim report was submitted by the
Enquiry Committee.
2. Whether any action any action has been Inquiry report submitted by the Inquiry
taken against the convener of the Committee was duly signed by all the members
Inquiry Committee for resorting to of the Enquiry Committe
arbitrary and illegal acts
3. Final Report As documents produced by the complainant
during the meeting were already available with
the committee, hence no signatures were
obtained from the complainant.
Not satisfied by the Reply of PIO the appellant filed First Appeal on 13/04/2008.
First Appellate Authority Ordered:
The SPIO , Department of Art, Culture and Language was directed to provide the copy of
Enquiry within 10 days of issue of this order and SPIO Urdu Academy was directed to take
action on findings of Enquiry Report and submit its report within a month.
However the SPIO did not comply with the orders of First Appellate Authority.
Decision:
The Appeal is allowed.
The complete information will be sent to the appellant before 20 January, 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.
It also appears that the First appellate authority’s orders have not been implemented.
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. He has further refused to obey the orders of his
superior officer, which raises a reasonable doubt that the denial of information may also be
malafide. The First Appellate Authority has clearly ordered the information to be given. .
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 25 January, 2009.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi
Information Commissioner
31 December 2008
(In any case correspondence on this decision, mention the complete decision number.)