CENTRAL INFORMATION COMMISSION
Block IV, 4Th Floor, Old JNU Campus
New Delhi-110067
Appeal No. CIC/WB/C/2007/00547/LS
Complainant: Shri P.K. Sharma
Public Authority: National Buildings Construction
Corporation
(through Shri Amitabh Basu,
Executive Director and
Shri R.R. Baisantry, GM (HR))
Date of Hearing: 07/11/2008
Date of Decision 07/11/2008
FACTS
:
By his letter of 19/06/2007, the complainant had requested for
information relating to withholding of DPC for the year 1998-99 to 2000-01
and the maters related therewith. The information was furnished to the
complainant by the letter dated 03/09/2007 of Shri A.K. Singh, Deputy
Chief PIO. In the complaint filed before this Commission, it has been
pleaded that the information was furnished after 73 days which is beyond the
statutory period of 30 days and, therefore, penalty should be imposed on the
defaulter.
2. The matter was heard on 07/11/2008. The complainant appeared
before the Commission. The Public Authority was represented by Shri
Amitabh Basu, Executive Director and Shri R.R. Baisantry, GM (HR).
From the record, it is seen that the information has been furnished to the
complainant by the Deputy Chief PIO. However, as per Section 7(1) of the
RTI Act, 2005, the information is to be furnished by the Central Public
Information Officer. There is no provision for the information being
furnished by Deputy Chief PIO, as has happened in the case in hand.
Further, the information has been furnished beyond statutory period of 30
days. The complainant has pleaded for imposition of penalty on the
defaulter in this regard.
INTERIM ORDER
3. In the facts and circumstances of the case, a show cause notice is
ordered to be issued to Shri Amitabh Basu, Executive Director, NBCC,
CPIO, for explaining as to why penalty as provided u/s 20(1) of the RTI be
not imposed on him for delayed supply of information.
4. The matter is fixed for hearing on 2nd December, 2008 at 11.00 hrs.
Sd/-
(M.L. Sharma)
Central Information Commissioner
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.
(K.L. Das)
Assistant Registrar
Tele: 011-2616 26 62