I have not seen the RTI application, says PIO
The appellant had filed an application under Right to Information (RTI) Act with the Staff Selection Commission (SSC) seeking some information but he did not receive the information within the stipulated period of 30 days. The First Appellate Authority (FAA) provided partial information.
The Central Information Commission (CIC) had passed orders twice giving certain directions to the PIO but on earlier occasions, nobody had turned up on behalf of the PIO of the Staff Selection Commission. The Commission gave an opportunity to the PIO concerned to offer his explanation for the delay. The PIO neither appeared to offer his explanation nor gave any written explanation for the delay. The respondent appearing on his behalf also failed to offer any explanation at all about the delay. The respondent who appeared on behalf of the PIO submitted that at the time of the RTI application, the designated PIO was on training and another person was officiating on his behalf. On being asked by the Commission to explain why he did not provide the information after returning from his training and after resuming his duty as the PIO, the regular PIO submitted that he had not seen the RTI application and came to know about it only after the order of the CIC reached him.
View of CIC
The Commission observed that despite their clear directions the acting PIO chose not to appear before them and it is evident that he has no desire to offer any explanation. Under section 20 of the RTI Act, the CIC imposed a penalty of Rs. 7,500 on him for a total period of delay of 25 days. The Commission also observed that the FAA had disposed of the first appeal and had provided some information which clearly shows that the RTI application and the related papers existed in the Staff Selection Commission based on which the FAA took whatever decision. The Commission also imposed a penalty of Rs. 11,250 on the regular PIO for a delay of 45 days observing that he was responsible for the remaining period of delay of nearly one and half months after he first came to know about the RTI application and the final disclosure made in December.
Citation: Shri Narender v Staff Selection Commission in File No.CIC/SM/C/2011/001172
RTI Citation : RTIFI/2012/CIC/582
Click here to view original RTI order of Court / Information Commission