Mr.Rakesh Kumar vs Ministry Of Culture on 23 August, 2010

Central Information Commission
Mr.Rakesh Kumar vs Ministry Of Culture on 23 August, 2010
                 CENTRAL INFORMATION COMMISSION
          Complaint No. - CIC/AD/C/2009/000413-WB dated 12.05.'09
              Right to Information Act- Section 18 (1) (b)

Complainant:        Shri Rakesh Kumar
Respondent:         National Museum, New Delhi.
                        Decision announced 23.8.'10


Facts

:-

The Commission has received a complaint from Shri Rakesh Kumar of Tis
Hazari Court, Delhi that his request submitted to the Central Public Information
Officer, National Museum, New Delhi, with a query regarding Head Modeler Shri
Hemant Kumar Tomar, who was working in the Museum despite the fact that he
was involved in two criminal cases and two FIRs were lodged against him in
different Police Stations in Delhi, on information regarding action taken against
him or likely to be taken against him, has not been responded to even though
the same was duly submitted along with requisite fee dated 23.03.2009.

Admitting the complaint of Shri Jain, the Commission served notice on
CPIO, National Museum, New Delhi on 21.07.2010. In response, CPIO, Shri U.
Das, Director (C&A), National Museum, New Delhi has submitted his comments
on 17.07.2010 with a copy endorsed to complainant. CPIO has informed the
Commission that the application of the complainant which was received from
Ministry of Culture vide their letter Dated 12.05.2009 & 26.03.2009, has been
replied vide letter dated 18.06.2009. The CPIO has enclosed the copies of all the
relevant documents with his comments. The complainant, on other hand, has
filed no rejoinder to the comments submitted by the CPIO.

Decision Notice
From a perusal of the comments it is clear that the application dated
23.03.2009 of the complainant was received by the CPIO, National Museum vide
letter dated 26.03.2009 from Under Secretary Shri NP Joshi, Ministry of Culture,
but the reply was sent to the complainant only after receipt of the copy of

1
complaint which was addressed to us by complainant was endorsed to the CPIO,
Ministry of Culture by CPIO, Ministry of Culture vide his letter dated 12.05.2009.
Hence, it is obvious that there is an inordinate delay in responding to the request
by CPIO, Shri U. Das, Director (C&A), National Museum, New Delhi. In light of
the above the CPIO, Shri U. Das is hereby directed to show cause as to why a
penalty of Rs. 250/- per day from the date when the information fell due i.e.
26.04.2009 to the date when the information was actually supplied i.e.
18.06.2009, not exceeding Rs. 25,000/-, should not be imposed on him under
Section 20(1) of the RTI act. The CPIO will make his submission in writing to this
Commission on or before 02.09.2010 to enable us to proceed further in the
matter u/s 20 of the RTI Act 2005.

On the other hand complainant Shri Jain is hereby advised that should he
find the response of the CPIO unsatisfactory he may approach the 1 st appellate
authority of the National Museum and consequently if, not satisfied with the
information provided on his 1st appeal he will be free to move a 2nd appeal before
us u/s 19(3) of the Act.

Announced on this the twenty third day of August 2010, in open chamber.
Notice of this decision be given free of cost to the parties.

Wajahat Habibullah
(Chief Information Commissioner)
23.08.2010

Authenticated true copy, additional copies of order shall be supplied against
application and payment of the charge prescribed under the Act to the CPIO of
this Commission.

Pankaj K. P. Shreyaskar
Joint Registrar.

23.08.2010

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