CENTRAL INFORMATION COMMISSION
Complaint No.- CIC/WB/C/2007/00531
Right to Information Act- Section 18 (1) (b)
Complainant: Ms Noor Jahan Begam
Respondent: Ministry of Home Affairs (MHA)
Facts
: –
The Commission has received a complaint from Ms. Noor Jahan Begam
of Shahjahanpur, Uttar Pradesh that her request under RTI Act, 2005
submitted to the Hon’ble Home Minister, Government of India seeking
information on the action taken on the letter of Shri Jitin Prasad, Member of
Parliament, Lok Sabha has not been responded to, although the same was
duly submitted along with the requisite fee dated 7-6-2007.
Admitting the complaint of Ms. Noor Jahan Begam under section 18 (1)
(b) of the RTI Act 2005 the Commission issued a notice to the CPIO, CS
Division, North Block, Ministry of Home Affairs for furnishing comments on the
complaint. In response, the Dy. Secretary and CPIO Shri Prem Narain
Saxena has submitted his comments on 30-1-2009, informing the
Commission that the request of Ms. Noor Jahan Begam was responded to on
1.9.2007 and again on 5-11-2007 and CPIO has annexed copies of the
replies sent to the Complainant. A copy of these comments was also
endorsed to complainant Ms. Noor Jahan Begam.
DECISION NOTICE
It is now clear from the comments submitted by the CPIO, MHA that
the request of Ms. Noor Jahan Begam has been responded to but only after
her complaint before us received on 10.9.’07. It is clear, therefore, that the
CPIO, MHA has transgressed the time limit for replying to the RTI application.
CPIO Shri Prem Narain Saxena, DS MHA will therefore Show Cause as to
why he should not be held liable under section 20(1) of the RTI Act and a
penalty @ Rs. 250/- per day for 62 (Sixty two) days amounting to Rs 15,500
should not be imposed on him. He may submit his explanation in writing
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within 15 days of the receipt of this decision notice or he may personally
appear before us on 19.6.’09 at 10.00 am
If not satisfied with the information now received, Ms. Noor Jahan
Begam is free to file an appeal before the First Appellate Authority of the
Ministry of Home Affairs, CS Division, North Block, New Delhi-110001. With
this, the complaint stands disposed of.
Announced. Notice of this decision be given free of cost to the parties.
Wajahat Habibullah
(Chief Information Commissioner)
25-5-2009
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.
25-5-2009
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