Central Information Commission Judgements

Shri R. C. Sethi vs Department Of Personnel & … on 17 December, 2009

Central Information Commission
Shri R. C. Sethi vs Department Of Personnel & … on 17 December, 2009
              CENTRAL INFORMATION COMMISSION
                    Complaint No CIC/WB/C/2008/00801 dated: 01.08.'08
                  Right to Information Act 2005-Section 18(1) (a) (b)


Complainant:        Shri R. C. Sethi
Respondent:         Department of Personnel & Training (DoPT), New Delhi.
                             Decision Announced 17.12.'09
Facts

:-

The Commission has received a complaint from Shri R. C. Sethi of Lodhi
Road, New Delhi that his request under RTI Act, 2005 seeking information
regarding action taken on his representation dated 12.02.2008 including noting
portion of the concerned file in which above representation was dealt with
submitted to the CPIO, Department of Personnel & Training, New Delhi along
with the requisite fee dated 29.05.2008, which had been sent to the Director,
Govt. of India, Ministry of Personnel, Public Grievances and Pension, DoP&T,
New Delhi and had been received by the addressee office on 28.02.2008 has
been transferred late by 16 days to CPIO, Shri Rajbir Singh, Desk Officer/ADV-II
Desk/ DOPT u/s 6(3) of RTI Act by the CPIO Shri Chandra Prakash, Under
Secretary (V-II), DOPT. He has further alleged that the CPIO Shri Rajbir Singh
Desk Officer/ADV-II Desk/ DOPT has also not responded to the request.

Decision Notice

Having admitted the complaint of Shri R. C. Sethi u/s 18(1) (a) & (b) the
Commission directs the CPIO Shri Rajbir Singh, Desk Officer/ADV-II Desk/
DOPT to respond to the request of Shri Sethi dated 29.05.2008 which had been
transferred to him by the CPIO Shri Chandra Prakash, Under Secretary (V-II),
DOPT on 20.06.2008 within 10 working days from the date of receipt of this
decision notice. He is further directed to show cause as to why a penalty of Rs.
250/- per day from the date when the information fell due i.e. 20.07.2008 to the
date when the information is actually supplied subject to a maximum of Rs
25,000/-. The CPIO may submit his written submission on or before 01.01.2010.

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Further it is clear from a perusal of the record that the CPIO Shri
Chandra Prakash, Under Secretary (V-II), DOPT has transferred the application
of the complainant presumably us 5(4) after a delay of 16 days. The CPIO Shri
Chandra Prakash is directed to clarify the reason for such delay in addressing
the application of Shri Sethi within 10 days from the receipt of this decision notice
so that the Commission may proceed further regarding the issue.

Announced this se4venteenth day of December 2009. Notice of this
decision be given free of cost to the parties.

(Wajahat Habibullah)
Chief Information Commissioner)
17.12.2009

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
17.12.2009

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