CENTRAL INFORMATION COMMISSION
Complaint No CIC/WB/C/2008/00719 dated: 01.07.'08
Right to Information Act 2005-Section 18(1)(b)
Complainant: Shri Mohan Lal
Respondent: Department of Personnel & Training (DoPT), New Delhi.
Decision announced 9.12.'09
Facts
: –
The Commission has received a complaint from Shri Mohan Lal of
Shastri Nagar, Delhi that his request under RTI Act, 2005 seeking information in
the form of queries regarding payment of pension based on notional fixation of
pay fixed w.e.f. 21.04.2004, submitted to Central Public Information Officer,
Department of Pension and Pensioners’ Welfare, Ministry of Personnel Public
Grievances & Pension, New Delhi, which was forwarded by the CPIO for
furnishing information to CPIO Shri V. K. Wadhwa Under Secretary (A), CPIO
Shri Harjit Singh, Under Secretary (F) & CPIO Shri Rajan Sood, Section Officer
(G), Department of Pension and Pensioners’ Welfare, Lok Nayak Bhawan, New
Delhi, has been responded to by none, even though the same was duly
submitted along with the requisite fee on 04.04.2008. Besides, no response has
been given to the reminder sent dated 30.05.2008.
Having admitted the complaint of Shri Mohan Lal u/s 18(1)(b) of the RTI
Act, 2005 the Commission served notice on 22.09.2009 to all three CPIOs,
Department of Pension & Pensioners’ Welfare, New Delhi seeking their
comments on the complaint. In a response of 30.09.2009, all CPIOs S/Shri Rajan
Sood, V. K. Wadhwa and Harjit Singh, Department of Pension & Pensioner’s
Welfare, New Delhi submitted their comments by endorsing a copy of the same
to the complainant Shri Mohan Lal. The CPIO Shri Rajan Sood has informed the
Commission that the application dated 04.04.2008 of the complainant, on receipt,
was forwarded on 11.04.2008 by the then CPIO Shri Sukar Singh Under
Secretary to the concerned sections under the provision of RTI Act for furnishing
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information directly to the complainant and he has ascertained that the
information had been supplied by Shri Harjit Singh and Shri V. K. Wadhwa on
29.07.2008 and 01.08.2008 respectively. No rejoinder has been received from
complainant Shri Mohan Lal against the response submitted by the CPIOs
despite the lapse of two months.
Decision Notice
It is clear from the comments submitted by the CPIOs that the desired
information has been supplied by the CPIO Shri V. K. Wadhwa, Under Secretary
P & PW (G), Department of Pension and Pensioners’ Welfare, New Delhi who is
the custodian of the information, but the response is overdue by more than two
months. Moreover Shri V. K. Wadhwa has not given any reason for this late
response.
In light of the above, the complainant Shri Mohan Lal is advised that if he
finds the response unsatisfactory, he may approach the first appellate authority
of the department u/s 19(1) of RTI Act, and if, not satisfied with the information
provided on his 1st appeal consequently, complainant Shri Mohan Lal will be free
to move a 2nd appeal before us as per Sec 19 (3).
On the other hand the CPIO & Under Secretary P&PW (G), Department of
Pension & Pensioners’ Welfare, New Delhi Shri V. K. Wadhwa will show cause
as to why a penalty of Rs. 250/- per day from the date when the information fell
due i.e. 11.05.2008 to the date when the information is actually supplied, not
exceeding Rs. 25,000/- should not be imposed on him under Section 20(1) of the
RTI Act. The CPIO may submit his written submission to this Commission on or
before 23.12.2009, failing which this Commission will proceed with application of
Sec 20. The present complaint is disposed of accordingly.
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Announced on this ninth day of December 2009. Notice of this decision be
given free of cost to the parties.
(Wajahat Habibullah)
Chief Information Commissioner)
09.12.2009
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.
(PK Shreyaskar)
Jt. Registrar
09.12.2009
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