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Wajahat Habibullah, C.I.C.
1. By our order dated 25-2-2007 we have directed as follows:
The Commission directs the PIO, DTC, Govt of NCT Delhi to provide the copies of the Recruitment Rules requested for post of Elect. Grade II under III tier system dated 24-1-1994 within 10 working days from the date of issue of this decision.
The PIO is directed to appear personally before the Commission on 22-3-2007 at 5.00 p.m. and show cause as to why a penalty of Rs. 250/-per day from the date when the information is due to the date when the information is actually supplied not exceeding Rs. 25,000/-not be imposed on him under Section 20 (1) of the RTI Act. The PIO may submit his written submission on or before 17-3-2007.
2. Accordingly Shri A.K. Sharma, Dy. G.M. DTC and PIO appeared before us on 22-3-2007 together with:
Shri B.S. Chauhan, DM, NND
Shri Subhash Chander Sharma, Legal Asst. DTC
Shri Dharam Pal, Dealing Asstt, NND
3. Shri Sharma explained that information that was available with him was provided to complainant Shri R.C. Verma on 28-6-2006 for which he has shown us the receipt. However, part of the information was required from Dy. Manager, P&D which was received on 11-7-2006 for which UPC receipt was also shown to us by the PIO Shri Sharma. However, on complainant approaching the office claiming that he had not received the remaining information this was again provided to him for which a signed receipt dated 17-7-06 was also shown to us. On the question of appeal Shri Sharma indicated that there is no such record of appeal available in the file of the DTC. Complainant has also submitted no copy of any appeal to us other than the mention of an appeal in the complaint.
4. We are, therefore, satisfied that the delay of a few days in providing part of the information was for the reason that the information had to be obtained from another wing of the same public authority and was provided as soon as this was received. Therefore, no penalty will lie.
5. PIO Shri A.K. Sharma also brought to our notice, a notice for an appeal received by him by letter of March 13, 2007 from Asstt. Registrar, CIC on the basis of the same application of 5-6-2006 on which a complaint has already been decided and information stand provided. The Registrar, CIC will put up file No. CIC/WB/A/2006/00600 to us for examination on whether there is any duplication in the matter.
6. Announced in the hearing. Notice of this decision be given free of cost to the parties.