CENTRAL INFORMATION COMMISSION
Adjunct to Appeal No. CIC/WB/A/2007/00384 dated 11-4-2007
Right to Information Act 2005 - Section 19
Appellant: Shri Chet Ram.
Respondent: ADM (South), GNCT Delhi
ORDER
In our decision of 5.6.08, we had directed as follows:
“There is also the gross delay in response in this case. PIO, Land
Management Department, DDA will, therefore, show cause as to
why he should not be penalized for Rs. 4,250/- as detailed above.
He may do this either in writing by 20th June, 2008 or through
personal appearance before this Commission on 3rd July, 2008 at
10.30 a.m.”
This decision had been taken on the following grounds:
“In the case concerning DDA (file No. CIC/WB/A/2007/00384) we
find that response to an application of 12-1-07 has been provided
only on 1-3-07 when information was due on 12-2-07, thus making
the CPIO liable for penalty @ Rs. 250/- per day amounting to Rs.
4,250/-.In addition the response of 1-3-07 is in violation of Section 6
(3) (i) of the RTI Act, in that, had the Department been convinced
of the fact that information sought was held by another public
authority the PIO was required to transfer the application within 5
days of its receipt to that other public authority, in this case the
SDM, Kalkaji.”
On 3.7.2008, the following appeared before us:
Appellant
Shri Chet Ram
Shri Narender Kumar
Shri Bhavender KumarRespondent CPIO Shri S.P. Padhi was not present nor have we received
any written response to the Decision Notice.
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Appellant Shri Chet Ram submitted that our orders, remanding the cases to
the First Appellate Authority / DC South to ensure that its orders u/s 19(1) in are
duly complied with in Appeal Nos. CIC/WB/A/2007/00380,381 & 383, have not
in fact been complied with. The Registry will pursue with the D.C. (South) the
question of compliance with the orders in remand.
In the present case, since PIO has no explanation to offer on his failure to
respond within the mandated time limit to the RTI application of appellant Shri
Chet Ram, Shri R. K. Vats Commissioner (LM), Delhi Development Authority
is directed to recover Rs. 4,250/- from Shri S. P. Padhi, then PIO, either
directly or through deduction from his salary by 3rd August, 2008. He will
remit the same to Pay & Accounts Officer, Central Administrative Tribunal, C-1,
Hutments, Dalhousie Road, New Delhi-110011 under intimation to Shri Pankaj
Shreyaskar, Deputy Secretary and Joint Registrar of this Commission.
Announced in the hearing. Notice of this decision be given free of cost to
the parties.
(Wajahat Habibullah)
Chief Information Commissioner
3.7.2008
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.
(Pankaj K.P. Shreyaskar)
Joint Registrar
3.7.2008
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