CENTRAL INFORMATION COMMISSION .....
F.No.CIC/AT/A/2008/00187
Dated, the 10th July, 2008.
Appellant : Shri S.R. Achary
Respondents : Central Institute for Research on Goats (CIRG)
This second-appeal came up for hearing on 08.07.2008 pursuant to
Commission’s hearing notice dated 12.05.2008. Appellant was present in
person, while the respondents were represented by Dr.Pratap Singh, CPIO.
2. The appellant had made six items of queries ― each item having
sub-queries ― through his RTI-application dated 13.07.2007.
3. Upon hearing the parties and perusing the documents, it was noticed that
the replies to queries at Sl.Nos.I, II and III of the appellant’s RTI-queries have
been provided through CPIO’s reply dated 12.09.2007 as received by the CPIO
from the holder of the information, Shri Kumar Vivek, Admn. Officer. It was,
however, noted that no answers to queries at Sl.No.IV, V and VI were given in
the answer accompanied with the CPIO’s covering letter to the appellant.
4. It is directed that the CPIO shall ensure that the replies to the appellant’s
queries at Sl.Nos.IV, V and VI are given to the appellant within 1 week from the
date of the receipt of this order.
5. The appeal is disposed of with these directions.
Complaint:
6. It is also noticed that the AA, Dr.N.P.Singh, Director, CIRG failed to
dispose of the appellant’s first-appeal dated 06.09.2007. Notices under
Section 19(8)(b) of the RTI Act may be issued to the head of the public authority,
repeated to the Appellate Authority, to show cause as to why a compensation of
Rs.10,000/- should not be awarded to the appellant and, why this amount should
not be authorized to be collected from the personal funds of the AA for the
detriment caused to the appellant due to the failure of the AA to dispose of the
appellant’s first-appeal. Returnable in 2 weeks.
7. A show-cause notice under Section 20(1) of the RTI Act may also issue to
the CPIO (holder of information), Shri Kumar Vivek, Admn. Officer for his
failure to furnish information corresponding to queries at Sl.Nos.IV, V and VI of
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the appellant’s RTI-request dated 13.07.2007. The silence of the CPIO,
Shri Kumar Vivek in response to parts of the queries comes within the definition
of ‘incomplete’ information under Section 20(1) of the RTI Act. He should
show-cause as to why a penalty of Rs.25,000/- should not be imposed on him.
Notice returnable in 2 weeks.
8. Schedule show-cause hearing.
9. Copy of this decision be sent to the parties.
Sd/-
(A.N. TIWARI)
INFORMATION COMMISSIONER
Authenticated by –
Sd/-
( D.C. SINGH )
Under Secretary & Asst. Registrar
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