ORDER
Wajahat Habibullah, C.I.C.
1. In our order of 28-3-2007 we had directed as follows:
We also find that the response to the initial application was made available only on 21-1-2007 by the Office of Under Secretary-cum- CPIO. The CPIO is, therefore, liable to penalty from 22-9-2006 to 22-1-2007 @ Rs. 250/- per day subject to a maximum of Rs. 25,000/-. Although she has stated that the delay occurred because of a late receipt from other Branches of the Secretariat, CPIO has failed to identify the officials from whom she had sought information Under Section 5 (4) of the Act, or even to plead imposition of penalty Under Section 5 (5) on any such official. The Commission therefore directs the JS (Home), Chandigarh Admn Secretariat to cause recovery of the amount of penalty from the salary of Smt. Satya Thakar, US cum CPIO, Chandigarh Admn.
2. Representing against this order Mrs. Satya Thakur, US cum CPIO, Chandigarh Administration as on 25-4-07 submitted a detailed report on the movement of the application apologizing for the delay and pleading that the penalty may be waived. The tabulated statement of file movement is as below:
Date Letter addressed to Remarks
21.8.2006 CPIO, US (Home), Chandigarh The appellant sought
Administration information from the
CPIO.
24.8.2006 i) The Home Secretary (Home -I CPIO sought assistance
Branch), Chandigarh Administration from the custodian of the
information.
ii) The Home Secretary cum CVO
(Home -III Branch), Chandigarh
Administration.
iii) The Finance Secretary, (Finance -I
Branch) Chandigarh Administration
10.10.2006 i) The Home Secretary (Home-I Branch) A reminder by the CPIO,
US (Home) Chandigarh
Administration was sent
to all concerned in
reference to the earlier
letter dated 24.8.2006.
21.11.2006 CPIO, US (Home), Chandigarh CVO (Home III) informed
Administration the CPIO, US (Home)
Chandigarh that the
matter is therewith AD,
O/o D.C., hence CPIO
may take up the matter
with AD, O/o DC
29.11.2006 i) The Home Secretary (Home-I Branch) CPIO, US (Home),
Chandigarh Administration. Chandigarh
Administration once
ii) The Finance Secretary (Finance-I again requested the
Branch) Chandigarh Administration. departments to send the
information.
iii) Home Secretary (Home -III Branch)
7.1.2007 CPIO, US (Home) Chandigarh Superintendent O/o
Administration Home Secretary (Home-
III) replied stating that the
information is exempted
Under Section 8(1) (j)
23.1.2007 Shri Meher Singh, the appellant The CPIO, US (Home)
Chandigarh
Administration informed
the appellant that the
information sought is
exempted Under Section 8(1) (j).
19.2.2007 CPIO, US (Home) Chandigarh Superintendent (Finance
Administration -I) replied to the CPIO
stating that the record
related to Shri Mehar
Singh is not available
with the office.
3. From this statement it would appear that the information was sought on 24-8-2006 from the following:
i) The Home Secretary (Home -I Branch), Chandigarh Administration
ii) The Home Secretary cum CVO (Home -III Branch), Chandigarh Administration.
iii) The Finance Secretary, (Finance -I Branch) Chandigarh Administration
4. However, information was received from the CPIO & Under Secretary, Home, Chandigarh Administration only on 7-1-2007 on the basis of which information was sent to Shri Mehar Singh, appellant on 23-1-2007.
5. Section 20 (1) of the RTI Act 2005 is clear: “Where the Central Information Commission at the time of deciding any complaint or appeal is of the opinion that the Central Public Information Officer or the State Public Information Officer, as the case may be, has, without any reasonable cause, refused to receive an application for information or has not furnished information within the time specified under Sub-section (1) of Section 7 or malafidely denied the request for information or knowingly given incorrect, incomplete or misleading information or destroyed information which was the subject of the request or obstructed in any manner in furnishing the information, it shall impose a penalty of two hundred and fifty rupees each day till application is received or information is furnished, so however, the total amount of such penalty shall not exceed twenty- five thousand rupees:
Provided that the Central Public Information Officer shall be given a reasonable opportunity of being heard before any penalty is imposed on him:
Provided further that the burden of proving that he acted reasonably and diligently shall be on the Central Public Information Officer
6. In this case there has been a clear delay beyond the time limit mandated Under Section 7 (1) as we have found in our original decision notice. The law makes no allowance for apologies offered or regrets expressed in terms of imposition of penalty. However, CPIO has through her representation clearly established that CPIO had sought the information from others Under Section 5 (4) within the prescribed time limit. In her case however there is still no explanation as to why on reply of the response from Superintendent in the office of Home Secretary dated 7-1-2007, there was still a delay till 23-1-2007. This renders her liable for a penalty for 15 days delay @ Rs. 250/- per day amounting to Rs. 3,750/-.On the basis of her CPIO’s representation, implementation of our Order of 28.3.’07 im posing penalty had been stayed on 27.4.’07. The Commission now directs the Joint Secretary (Home), Chandigarh Administration Secretariat to cause recovery of the penalty now imposed amounting to Rs 3,750/- from the salary of Smt Satya Thakur, US cum CPIO, Chandigarh Administration made payable in the name of P&AO, DP & AR in New Delhi, under intimation to Shri Pankaj Shreyaskar, Assistant Registrar in this Commission by June 3, 2007.
7. Besides the above, the following officers will now show cause why they should not be held liable for penalty Under Section 5(5) of the RTI Act, 2005 from 24-9-2006 when the information sought had become due to 7-1-2007 when the response from them was received by the CPIO:
i. The Home Secretary (Home -I Branch), Chandigarh Administration
ii. The Home Secretary cum CVO (Home -III Branch), Chandigarh Administration.
iii. The Finance Secretary, (Finance -I Branch) Chandigarh Administration
8. They may do this either in writing by 31st May 2007 or through personal appearance by video-conferencing on 4th June, 2007 at 1.00 p.m.
9. Notice of this decision be given free of cost to the parties.