Central Information Commission Judgements

Shri Asfaq Kadiani vs Cantonment Board, Pune on 28 January, 2009

Central Information Commission
Shri Asfaq Kadiani vs Cantonment Board, Pune on 28 January, 2009
                   Central Information Commission
        Appeal No.CIC/WB/C/2007/00625-SM dated 31.7.2007
          Right to Information Act-2005-Under Section (19)

                                                            Dated 28.01.2009

Complainant:        Shri Asfaq Kadiani

Respondent:         Cantonment Board, Pune

Neither the Complainant nor the Respondent was present.

The brief facts of the case are as under.

2. The Complainant had requested the CPIO, in his letter dated 18 June
2007, asking for information about the website in which the proforma of the
application for seeking NOC and the related guidelines were posted. Besides, he
had also asked for a hard copy of these documents. He received no reply from the
CPIO. He has filed this complaint under Section 18 of the Right to Information
Act
against the lack of response from the CPIO.

3. During the hearing, neither the Complainant nor the Respondent was
present in spite of notice. The complaint was considered in their absence. We
strongly resent the complete lack of response on the part of the CPIO and direct
him as follows:-

(i) He shall explain within 10 working days from the receipt of this
order as to why a penalty of Rs 25,000 be not imposed on him as
per Section 20 of the Right to Information Act for not providing the
information sought within the stipulated period;

(ii) He shall also provide to the Complainant within the same period of
10 days the information sought without fail and report compliance
of our order to the Commission.

4. We will decide on the penalty after hearing from the CPIO. Copies of this
order be given free of cost to the parties.

Sd/-

(Satyananda Mishra)
Information Commissioner

Authenticated true copy. Additional copies of orders shall be supplied
against application and payment of the charges prescribed under the Act to the
CPIO of this Commission.

Sd/-

(Vijay Bhalla)
Assistant Registrar