Appellant: no information received from PIO (L&DO) to whom RTI application was forwarded u/s 6(3) - CIC: former PIO Shri A.K. Singh has failed to appear before the CIC in response to notice issued to him; a penalty of Rs. 25,000/- imposed
Appellant: no information regarding the ownership of the identified lands received from the PIO (L&DO) to whom the RTI application had been forwarded under section 6(3) - CIC: no timeframe had been given to the PIO for providing information when the RTI application was forwarded to him - CIC: the former PIO Shri A.K. Singh has failed to appear before the Commission in response to show cause notice issued to him; a penalty of Rs. 25,000/- imposed on him for not having transferred the RTI application in 5 days - notice also issued to PIO (L&DO), to show cause why penalty should not be imposed upon him for not having provided information after receipt of the application
1. Further to Commission’s order of even number dated 27 June 2013, matter pertaining to show cause was heard today. Respondent did not appear. Appellant was present in person. It was sub mitted by the appellant that till today he had not received any information regarding the ownership of the identified lands from the CPIO, L&DO to whom the RTI application had been forwarded under the provisions of section 6(3) of the RTI Act on 26 June 2013.
2. Commission directs the CPIO, L&DO, GNCTD to provide information to the appellant within two weeks of receipt of the order in respect of point 1 of the RTI application pertaining to the ownership of the land which is adjacent to property no. K30, Malkaganj, delhi110007 as held in their records. Commission notes that no timeframe had been given to the CPIO for providing information when the RTI application was forwarded to him by the CPIO, Civil Lines Zone, which is not correct. Commission places on record the fact that the former CPIO/EE(B) Shri A.K. Singh has failed to appear before the Commission in response to show cause notice issued to him. As Shri Singh has chosen to absent himself and has not availed of the opportunity of personal hearing given to him, the Commission imposes a penalty of Rs. 25,000/- on Shri A.K. Singh for not having transferred the RTI application as per the orders of the first appellate authority dated 29 November 2012 (which should have been done within five days of the order) and instead held back the RTI application thereby resulting in the denial of information to the appellant and forwarded the same to the concerned CPIOs/L&DO and MII who were dealing with the matter only on 26 June 2013 that is after delay of 204 days (204 days x Rs. 250).
3. The Appellate Authority is directed to recover the amount of Rs. 25,000/from the salary of the CPIO Shri A.K. Singh and remit the same by a demand draft or a Banker’s cheque in the name of the Pay & Accounts Officer, CAT, payable at New Delhi and send the same to Shri Pankaj K.P. Shreyaskar, Director and Joint Registrar of the Central Information Commission, 2nd. Floor, August Kranti Bhawan, New Delhi110066. The amount may be deducted at the rate of Rs. 5000/per month every month from the salary of the CPIO and remitted by the 10th of every month starting from November, 2013. The total amount of Rs. 25,000/will be remitted by 10th of April, 2014.
4. Notice is also issued to CPIO, L&DO, GNCTD to show cause why penalty should not be imposed upon him for not having provided information the appellant after having received the RTI application which was transferred to him on 26 June 2013. He is directed to appear before the Commission on 2.12.2013 at 11.00 AM failing which Commission will be free to take exparte decision in the matter.
(Smt. Deepak Sandhu)
Chief Information Commissioner
Citation: Ms. Leena v. North Delhi Municipal Corporation Adjunct to Appeal: No. CIC/DS/A/2012/002754