CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/DS/C/2010/900118/SG/9275
Complaint No. CIC/DS/C/2010/900118/SG
Complainant : Mr. Tirupati Nath
C/o. Smt. Asha Nigam
18/138, Kurswan, Kanpur 208001
Respondent : Public Information Commissioner
Regional P.F Commissioner-II
Sub-Regional Office, Bommasandra
Annapoorneshwari Complex, Survey No.37/1,
6th Main, Singasandra, Hosur Main Road,
P.B. No. 25146, Bangalore 560068
Facts
arising from the Complaint:
Mr. Tirupati Nath had filed a RTI application with the PIO, Regional Provident
Commissioner-II, Bangalore on 17/07/2009 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, Regional Office, Employees Provident Fund
Organisation, Bangalore on 31/05/2010 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 22/06/2010 from the Regional P.F
Commissioner-II, SRO Bommasandra, Bangalore. From the submissions made therein it
appears that the PIO has not taken cognizance of the fact that the Commission issued the
aforesaid notice with regard to the RTI Application dated 17/07/2009. The PIO has stated
therein that information has been provided on a RTI Application dated 09/11/2009 vide a
letter dated 19-21/01/2010. The PIO has also enclosed all relevant communications made
mention of in his letter to the Commission. On perusal of the same it has been observed by
the Commission that the contents of both the RTI Application dated 17/07/2009 and
09/11/2009 are the same. Further, the information provided concerns the information
sought originally vide application dated 17/07/2009. However, the PIO should have made
his submissions with regard to the directions of the Commission which were clearly
concerning a RTI Application dated 17/07/2009.
Decision:
The Complaint is allowed.
In view of the aforesaid, prima facie it appears that information has not been provided on
the RTI Application dated 17/07/2009 within the stipulated time as per the provisions of
the RTI Act, 2005. The PIO is hereby directed to provide written submissions to the
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Commission before 30/09/2010 as to why penalty proceedings should not be initiated
against him under Section 20 (1) of the RTI Act. His submissions should also explain as to
why no explanation was stated for not having provided information with regard to the
initial RTI Application dated 17/07/2009 concerning which the Commission had issued
directions vide its notice dated 31/05/2010.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi
Information Commissioner
07 September 2010
Encl: RTI Application dated 17/07/2009
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(In any correspondence on this decision, mention the complete decision number.)(SP)
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