CIC: PIO is legally obliged to collect the information from the concerned department, instead of merely forwarding it to the concerned officer - CIC: The deemed PIO to show cause the reason for not appearing before the CIC despite intimation by the PIO
copies of passed medical bills by competent authority; copy of ruling, if any, objection raised by officers on the bills etc.
2. The CPIO responded on 20.06.2016. The appellant filed first appeal dated 12.07.2016 with First Appellate Authority (FAA). The response of FAA is not on record. The appellant filed second appeal on 17.09.2016 before the Commission on the ground that the information should be provided to him.
3. Both the parties were personally present in the hearing.
4. The appellant referred to his RTI application dated 26.04.2016 and stated that complete and correct information was not provided to him by the respondent. He stated that his first appeal was not disposed by the FAA.
5. The respondent stated that the appellant had sought information regarding the medical bills sanctioned and other related issues.
6. The respondent stated that they had forwarded the application of the appellant to their Finance department for further action in the matter.
7. The respondent stated that they have also written to the DGM (Finance), Eastern Court, New Delhi to attend the hearing of this case.
8. The Commission is of the view that the CPIO is legally obliged to give the appellant the sought for information after collecting the same from the concerned department, instead of merely forwarding it to the concerned officer.
9. The Commission further observed that the respondent had informed the DGM (Finance) to appear before the Commission in the matter but the DGM (Finance) did not appear before the Commission.
10. The respondent is directed to collect information from all concerned department and furnish a complete reply to the appellant, within 15 days from the date of receipt of this order.
11. DGM (Finance) is a deemed CPIO in this case. The DGM (Finance) is directed to show cause in writing the reason for not appearing before the Commission despite intimation given by the CPIO and for not furnishing information to the appellant, within 15 days from the date of receipt of this order.
12. The Deputy Registrar is directed to fix a hearing in the matter after 15 days.
Fresh notice of hearing will be issued to the appellant, respondent and DGM (Finance).
Copy of the order be given to the parties free of cost.
(Radha Krishna Mathur)
Chief Information Commissioner
Citation: Mr. Lala Ram v. BSNL in Appeal No. CIC/BSNLD/A/2016/303168, Dated of Decision: 20.07.2017