Central Information Commission
CIC/AD/C/2009/000584
Dated October 23, 2009
Name of the Applicant : Shri Om Prakash Goel
Name of the Public Authority : Ministry of Tourism
Background
1. The Applicant filed an RTI application dt.28.5.08 with the CPIO, M/o Tourism
requesting for information against 3 points related to various meetings, tours
attended/undertaken by Shri Tarun Shridhar, the then Commissioner cum
Director, Tourism and Civil Aviation, Himachal Pradesh on specific dates. On
not receiving any reply from the CPIO, the Applicant filed a complaint
dt.12.6.09 before the CIC requesting for information and also stating that the
CPIO has failed to discharge his legal obligation by not providing him certified
copies of desired information and documents in a proper manner. The
Commission vide its order dt.24.9.09 directed the Respondents to provide
information to the Applicant by 15.10.09 and to send the explanation for
show cause notice in writing by 20.10.09.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the
hearing for October 23, 2009.
3. Mr. Umesh Kalra, Economic Adviser cum CPIO , Mr. Vijay Kumar, Deputy
Secretary and Mr. Karan Singh represented the Public Authority.
4. The Applicant was heard through audio
Decision
5. At the very outset, the Respondent expressed his regret at not having been
able to provide the information to the Appellant. He stated that it is the first
time that the Ministry has not been able to furnish information within the
stipulated time. In his submission, the Respondent stated that the RTI
application was sent to the Secretary’s office by the Appellant and from there
it was sent to the RTI Registry. As the renovation of the RTI Registry building
was going on and all the files were bundled together, the RTI application was
lost sight of. On receiving a reminder from the Appellant, the CPIO realized
that the application has been misplaced and requested the Appellant over the
telephone to send him another copy of the application so that information can
be provided. After receiving the application from the Appellant the CPIO sent
it to the Transport Bhavan since the information is available there and the
Appellant was informed accordingly on 11.8.08. However, the application was
again lost either during its transit to Transport Bhavan or within the Transport
Bhavan itself and no information could be provided to the Appellant. The
Respondent added that this fact came to light after he received the
showcause notice from the CIC as he had assumed that the information has
been provided. The Respondent added that once he realized that information
has not been sent, he took immediate action to furnish the same by speed
post and through hand delivery on 7.10.09.
6. The Appellant who was informed about the reasons for the delay during the
hearing accepted the cause for delay as reasonable. He declared that his
intention is not to penalize the officers for the delay but to bring systemic
improvement in the functioning of the Department, especially with regard to
disposal of RTI requests. In this connection, the Respondent informed the
Appellant that as a result of the lapses on the part of the Department in
furnishing the information, immediate corrective steps have been taken by
the Department including starting a peon book wherein a receipt is taken
once the request is handed over to the concerned CPIO and the date of
dispatch and receipt are entered; an ‘RTI alert’ from the registry if
information has not been provided by the CPIO within 25 days and finally
furnishing the Registry with a copy of the reply. The Appellant expressed his
satisfaction with the systemic changes introduced to strengthen disposal of
RTI applications.
7. The Commission on review of the explanation provided for the delay accepts
the explanation as reasonable and condones the delay and drops the penalty
proceedings against the CPIO.
8. With regard to the missing information, as requested by the Appellant the
CPIO is directed to provide information against the reply sought in Annexure-
B of the RTI request including copies of letters inviting Shri Tarun Shridhar for
meetings, tours etc. to Delhi by the Ministry as also date wise information
about when Shri Tarun Shridhar visited Delhi indicating separately the dates
when he came for official work and for personal work. All information to be
provided by 15.11.09
9. The complaint is accordingly disposed of.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G.Subramanian)
Asst. Registrar
Cc:
1. Shri Om Prakash Goel
Saint Albans Cottage
Near Govt. Sr. Sec. School (Boys)
Shimla 171 001
2. The CPIO
Ministry of tourism
C-1, Hutments
Dalhousie Road
New Delhi
3. Officer incharge, NIC
4. Press E Group, CIC