Central Information Commission Judgements

Shri V.R. Dhanaseelane vs Collector, Karaikal on 8 January, 2010

Central Information Commission
Shri V.R. Dhanaseelane vs Collector, Karaikal on 8 January, 2010
         CENTRAL INFORMATION COMMISSION
        Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066


                              File No. CIC/LS/C/2009/000512

                        (Heard through Video Conferencing)

Complainant               :        Shri V.R. Dhanaseelane

Public Authority          :        Collector, Karaikal
                                   (through Shri Apel Rosario, Deputy Collector,
                                   Karaikal).

Date of hearing           :        08.01.2010

Date of Decision          :        08.01.2010

Facts

. Heard through video conferencing today dated 08.01.2010. Appellant
present . The Public Authority is represented by the officer named above.

2. By his letter of 31.7.2008, the appellant had sought information on 15
paras from the Public Authority relating to a piece of land under acquisition. Shri
S. Ganessin, Deputy Collector(Revenue)-Cum-Land Acquisition Officer had sent
response vide letter dated 27.8.2008. The appellant had filed first appeal before
Collector, Karaikal. The appeal was decided by Collector, Karaikal(AA) vide
order dated 13.10.2008. The order passed by him is extracted below :-

“Whereas, Thiru V.R. Dhanaseelane, Nehru Nagar, Karaikal has
filed an appeal under Section 19 of the Right to Information Act, 2005
against the Deputy Collector(Revenue), Karaikal on the grounds as non-
furnishing of reply within the prescribed time;

Whereas, the First Appellate Authority-cum-Collector had
conducted an enquiry at the Chamber of the Collector on 10.10.2008, both
the parties had attended for hearing. The applicant com;plained as the
Deputy Collector(Revenue) had not given reply within 30 days to his
application under the R.T.I. Act, 2005. The Dy. Collector (Rev.) stated
that the preparation of reply is under course of action and will be
furnished very soon. The Collector instructed the Dy. Collector(Rev.) to
furnish the reply on or before 15th October, 2008 and the applicant had
agreed for the same.

Now, therefore, the Collector is of the opinion that the appeal of
Thiru V.R. Dhanaseelane, Nehru Nagar, Karaikal against the deputy
Collector(Revenue), Karaikal under Section 20 of Chapter V of R.T.I. Act
2005 comes to an end.”

3. In the present appeal, the appellant has reiterated his allegation of
information not having been provided within statutory period of 30 days in that
the information was provided on 17.10.2008, whereas the RTI application was
filed on 31.7.2008. He strongly pleads that the Commission should take
appropriate penal action in the matter.

4. A careful perusal of the Appellate Authority’s order indicates that the
allegation of delayed supply of information has not been repudiated by him who
is the superior of the CPIO. It is to be noted that Shri Ganessin had initially
provided slipshod information to the appellant vide letter dated 31.7.2008 but
complete information was provided only under the directions of A.A. This calls
for some penal action against the public authority as delayed supply of
information has, arguably, caused detriment to him u/s 19(8)(b) of the RTI Act.

5. In the facts and circumstances of the case, the Commission thinks it
expedient to award compensation of Rs. 3,000/- to the appellant.The payment
will be made by the Collector, Karaikal, by Demand Draft to the appellant in 04
weeks time.

6. The matter is decided accordingly.

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

Address of parties :-

1. Shri Apel Rosario
Dy. Collector,
Land Acquisition Officer, Karaikal
Puduchery,

2. The Collector
Collectorate Karaikal,
Puducherry.

3. Shri V.R. Dhanasellane
No. 33, 3rd Cross, Nehru Nagar,
Thalatheru, SPO, Karaikal-609605