ORDER
Brief Facts:
1. Shri D.M. Solanki, the Appellant, in his applications to CPIO, South Eastern Railway, Nagpur on 28.10.05 and 7.11.05 under section 6 of the RTI Act referred to SE Railway’s circular dated 8.12.03 instructing use of Aluminum paint for bridge spans of less than 18.3 metres instead of Red Oxide paint as it is cheaper and better corrosion resistant. He sought on 7.11.05 particulars of contractors, who had reported that good quality Red Oxide paint was not available as also of the laboratories which conducted these paint tests, etc. In his letter of 28.10.05, Shri Solanki asked for copies of inspection notes of inspection conducted by Senior DEN, Nagpur on 21.5.99 and also those immediately preceding and succeeding the inspection on 21.5.99.
2. PIO did not send any reply although the Appellant’s letter dated 8.11.05 and reminder dated15.12.05 were received by him. The Chief Cashier at DRM office, SEC Railway refused to accept the fees nor the Appellant was informed of the procedure to deposit the fees towards the application. The Commission sought comments from SEC Railway on 3.3.06 within fifteen days. No comments were received from. The Commission issued notice on 28.4.06 to the Appellant as well as the Respondents fixing hearing on 16.5.06. Neither of the two parties came for hearing. However, the Appellant sent a rejoinder on 12.5.06 containing more background information, which has been taken on record. Decision:
3. The Commission takes note of the fact that the PIO, DRM Office, SEC Railway, Nagpur has neither supplied information to the Appellant under section 6(1) of the RTI Act 2005 nor sent comments to the Commission as sought in its letter dated 3.3.06 nor appeared before it on the hearing fixed by the Commission. The Commission has come to the conclusion that it is a fit case for proceeding against the PIO under section 20 of the Act for levy of penalties prescribed therein and has directed initiation of action accordingly. His response should be sent within 21 days of issue of this order to this Commission. Authenticated true copy.