Information in connection with the benefits in r/o of her late husband - in spite of the directions of the FAA, information was not provided - subsequently informed that the requested information is not traceable - CIC: notice to former PIO for penalty
Information in connection with the benefits in r/o of her husband late Sh. Raghubir Singh - in spite of the directions of the FAA, information was not provided - subsequently informed that the requested information is not traceable - CIC: notice to former PIO for imposing penalty - CIC: larger public interest in its disclosure as the appellant has sought information regarding the processing of the medical reimbursement in respect of the medical bills for the treatment of her late husband
1. Appellant submitted RTI application dated 09 August 2012 before the PIO, Education Department, MCD, Rohini Zone, Delhi; seeking information in connection with the benefits which she has received in r/o of her husband Late Sh. Raghubir Singh (who was last posted as Principal, M. C. Primary School, Sultan Puri, Delhi) through multiple points.
2. Appellant preferred First Appeal dated Nil to the First Appellate Authority, when he did not receive any information from the concerned PIO.
3. CPIO stated that this information was not traceable in the Department.
4. Vide FAA Order dated 12 November 2012, the FAA directed the PIO of Education Department to submit the information to the appellant within 7 days.
5. Being aggrieved and not satisfied by the above response of the Public Authority, the Appellant preferred Second Appeal before the Commission.
6. Matter was heard today. Both parties as above appeared in person and made submissions. Respondent submitted that vide their letter of 8 November 2012, appellant had been provided with list of benefits and amounts disbursed to the appellant who denied having received the said letter. A copy of this letter was provided to the appellant at the hearing and he responded by saying that no information had been provided to him under point.
7. After hearing both parties Commission notes that the CPIO did not provide any information to the appellant after receiving the RTI application. Subsequently also in spite of the directions of the first appellate authority given vide order dated 12 November 2012, that information must be provided within seven days, the CPIO failed to comply. Now, it is stated that the requested information is not traceable. Undoubtedly this response casts a shadow on the bonafides of the then CPIO Smt Krishna Chikkara (since retired). Through this order Commission issues notice to the former CPIO to show cause why penalty should not be imposed upon her for not having provided information to the appellant as per the provisions of the RTI Act. She is directed to appear before the Commission on 5.12.2013 at 11.00 AM failing which the Commission will be free to take ex parte decision in the matter. This show cause notice will be served to the former CPIO through the current CPIO.
8. A perusal of the information sought by the appellant clearly establishes the larger public interest in its disclosure as the appellant has sought information regarding the processing of the medical reimbursement in respect of the medical bills for the treatment of her late husband who was suffering from brain tumour which was submitted by her to the Department and received vide diary number 7692 dated 2 December 2009 as neither any reimbursement nor any correspondence/ intimation in this regard has been received by her. Commission allows three weeks for tracing of the concerned file and of the documents and for the information to be provided to the appellant. Seeing the importance of the matter of this RTI application, Commission will also review compliance of directions held herein on the aforementioned date. Present CPIO will also appear along with former CPIO along with all the documents.
(Smt. Deepak Sandhu)
Chief Information Commissioner
Citation: Smt. Jagwanti Devi W/o Late Shri Raghubir Singh v. North Delhi Municipal Corporation in Appeal: No. CIC/DS/A/2012/002680