CENTRAL INFORMATION COMMISSION
Complaint No.- CIC/WB/C/2007/00645
Right to Information Act- Section 18 (1) (b)
Complainant: Shri Paras Nath Singh
Respondent: Freedom Fighters' Division, Ministry of Home Affairs, (MHA)
Facts
:
The Commission has received a complaint from Shri Paras Nath Singh of
Azamgarh, Uttar Pradesh that his request under RTI Act, 2005 seeking
information on award of freedom fighters pension to one Shri Mewa Lal Gosai of
Azamgarh submitted to Central Public Information Officer, Freedom Fighters’
Division, Ministry of Home Affairs, New Delhi has not been responded to, even
though the same was duly submitted along with the requisite fee dated 03-05-
2007.
Admitting the Complaint of Shri Paras Nath Singh under Section 18 (1) (b)
of RTI Act, 2005 the Commission issued a notice to the CPIO for furnishing
comments on his complaint. In response, Joint Secretary Shri Ajay Goyal of the
North Zone Section of Freedom Fighters Division MHA submitted his comments
dated 27 February, 2009 with a copy endorsed to complainant Shri Paras Nath
Singh. This response, while supplying a copy of the guidelines governing
sanction of the Pension to freedom fighters, seeks further details of the pension
awarded to Shri Gosai to enable the MHA to offer a response
Decision Notice
The comments submitted by the JS (Home) fail to mention when the
request of Shri Paras Nath Singh was received by the CPIO MHA and
whether it was responded to. This gives us reason to believe that the
request of Shri Singh has not been responded to by the CPIO within the
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time limit of 30 days from that date of its receipt mandated under sub-Sec.
(1) of Sec 7 of the RTI Act, 2005. CPIO, Freedom Fighters Division,
Ministry of Home Affairs, New Delhi is therefore directed to show cause as
why he should not be held liable for a penalty of Rs. 250/- per day from the
date when the information fell due i.e. 03-06-2007 to the date when the
information was actually supplied, which is possibly the date of the endorsement
of 27 Feb of the response to the appeal notice described above, not exceeding
Rs. 25,000/- under Section 20(1) of the RTI Act. The CPIO will submit his/her
written submission to this Commission on or before 19-05-2009.
Further, Shri Paras Nath Singh is advised to provide the details of the
information sought to the CPIO and the CPIO directed to respond to the request
appropriately within ten working days of its receipt. If the information so provided
by the CPIO does not satisfy complainant Shri Paras Nath Singh he may file an
appeal to the First Appellate Authority of the Freedom Fighters Division of MHA.
If still not satisfied with the information provided on his 1st appeal Shri Paras Nath
Singh will be free to move a 2nd appeal before us as per sub-section (3) of Sec
19 of the Act.
Notice of this decision be given free of cost to the parties.
Wajahat Habibullah
(Chief Information Commissioner)
08-05-2009
Authenticated true copy, additional copies of order shall be supplied against
application and payment of the charge prescribed under the Act to the CPIO of
this Commission.
Pankaj K. P. Shreyaskar
Joint Registrar.
08-05-2009
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