Central Information Commission
CIC/AD/A/2009/001478
Dated December 29, 2009
Name of the Applicant : Shri Vishwas Bhamburkar
Name of the Public Authority : Ministry of Tourism
Adjunct to CIC Decision of even No. dt.18.11.09
1. The Para 10 of the above decision is given below:
The Commission also directs the CPIO to show cause as to why a penalty of Rs.250/-
per day (Maximum Rs.25000) should not be levied on him for not responding to the
RTI application within the stipulated time prescribed under the Act. The CPIO is
directed to submit his explanation in person on 29.12.2009 at 10.30 am.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing
for December 29, 2009.
3. Dr.Prabhakar Dubey, CPIO, Shri Umesh Kalra, Adviser, Shri Rajendra Pasad, Asst.
Director General and Shri S.Chakraborty, Under Secretary represented the Public
Authority.
Decision
4. In response to the show cause notice seeking explanation for the delay in furnishing
information, Shri Umesh Kalra, Adviser, Ministry of Tourism submitted the explanation
vide letter dt.21.12.09 stating that the RTI application was received by him on 6.7.09
and that information was dispatched to the Applicant on 25.8.09. He also stated that
the delay was purely unintentional and was due to the monsoon session of Parliament
which started from 2.7.09 and the 13 public holidays which came in between. He also
sought clarification from the Commission whether the 30 days meant is 30 working
days or otherwise. He submitted information about the chronological disposal of the
RTI application at each stage in his reply.
5. The Respondent submitted that furnishing of the information was delayed by 2 days
only if the holidays/weekends are not taken into consideration. The Commission
however noted that there were only 8 holidays i.e Saturdays and Sundays in between
and not 13 public holidays as stated by Mr. Kalra and that the Public Authority has
taken 42 days to provide the information (a delay of 4days and not 2 days even if
one were to exclude the weekends and holidays. ) and would also like to point out
that as per Section 7 (1) of the RTI Act, information has to be provided within 30 days
and that there is no provision of excluding holidays and weekends from the
mandatory period. The Commission accordingly while keeping in mind the confusion
which arose in the PIO’s mind regarding the mandatory period of 30 days, as is
evident from his request to the Commission for clarification, condones the few days
delay in this particular case and drops the penalty proceedings against the CPIO.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G.Subramanian)
Deputy Registrar
Cc:
1. Shri Vishwas Bhamburkar
B/72, Satellite Centre
Vastrapur
Ahmedabad 380 015
2. The CPIO
Ministry of Tourism
Transport Bhavan
Parliament Street
New Delhi
3. The Appellate Authority
Ministry of Tourism
Transport Bhavan
Parliament Street
New Delhi
4. Officer incharge, NIC
5. Press E Group, CIC
