In the Central Information Commission
at
New Delhi
File No: CIC/AD/C/2011/000818
Date of Decision : July 01, 2011
Parties:
Complainant
Mr. Vinay Kumar Jain
Advocate,
509, Block III, Lawyers' Chambers,
Delhi High Court,
New Delhi
Respondent
CPIO,
Ministry of Environment & Forests,
Paryavaran Bhawan,
CGO Complex, Lodhi Road,
New Delhi.
Information Commissioner(s) : Mrs. Annapurna Dixit
_________________________________________________________________
Decision Notice
In the instant case, the Commission directs the PIO to take necessary steps to furnish the information as
sought by the Complainant by or within 15th August 2011. The Commission further issues a Show Cause
notice upon the PIO, MoEF to explain why penal action may not be initiated against him for not making
efforts to provide or see that information is provided to the Complainant. Reply to the Show Cause should
reach the Commission by 15th August 2011.
In the Central Information Commission
at
New Delhi
File No: CIC/AD/C/2011/000818
Date of Decision : July 01, 2011
Background
1. The Applicant filed an RTI application dated 24.12.2010 before the CPIO, Ministry of Environment &
Forests, New Delhi seeking a copy of his representation dated 08.11.2010 addressed to the Union
Minister, alongwith entire notes, proceedings, records, notices and complete file generated with
respect to the said letter. The CPIO transferred the said application to the CPIO/Director, IAIII
Division vide covering letter dated 06.12.2010 with a request to furnish the required information
directly to the Applicant.
2. Upon non receipt of any information despite passage of reasonable period of time, the Applicant
filed a First Appeal before the First Appellate Authority on 15.02.2011 reiterating his request.
However, when none of the attempts yielded any result, the Applicant approached the Central
Information Commission seeking redressal of his grievance by way of the instant case dated
31.03.2011.
Decision
3. In the facts and circumstances of the case, the Commission observes that no information till date
has been provided by the Ministry to the Complainant. This amounts to gross negligence of duties
in the capacity of a PIO under the RTI Act. Accordingly, the Commission directs the PIO to take
necessary steps to furnish the information as sought by the Complainant by or within 15 th August
2011. The Commission further issues a Show Cause notice upon the PIO, MoEF to explain why
penal action may not be initiated against him for not making efforts to provide or see that
information is provided to the Complainant. Reply to the Show Cause should reach the
Commission by 15th August 2011.
4. The case is disposed on the above terms.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G.Subramanian)
Deputy Registrar
Cc:
1. Mr. Vinay Kumar Jain
Advocate,
509, Block III, Lawyers’ Chambers,
Delhi High Court,
New Delhi
2. CPIO,
Ministry of Environment & Forests,
Paryavaran Bhawan,
CGO Complex, Lodhi Road,
New Delhi.
3. Officer in Charge, NIC