The PIO did not transfer the said RTI application u/s 6(3) of the RTI Act to the concerned PIO - CIC issued a Show Cause Notice to the then CPIO to explain why action u/s 20(1) of the RTI Act should not be taken against him
Date of hearing: 29.12.2016
The case was inadvertently registered as a second appeal. However, the applicant had filed a complaint u/s 18 of the RTI Act
The applicant had sought details of recognised trade unions and welfare associations which are working in Northern railway, Lucknow Division and related information.
Grounds for Complaint
The CPIO did not provide the desired information.
Complainant : Absent
Respondent : Shri Mukesh Kumar, APO
During the hearing the respondent CPIO submitted that they had provided the requisite information vide their letter dated 06.07.2015 in connection with the RTI application dated 26.05.2015. He further submitted that reply to point nos. 1 and 2 only was provided as the rest of the information was not available with them. The complainant was not present to challenge the contention of the respondent PIO.
On perusal of the case record, it was seen that contention of the respondent CPIO was correct that incomplete information was provided to the appellant by the respondent. It is relevant to note that the then CPIO did not transfer the said RTI application u/s 6(3) of the RTI Act to the concerned CPIO, which was not proper.
A Show Cause Notice is issued to the then CPIO to explain why action u/s 20(1) Where the Central Information Commission or the State Information Commission, as the case may be, at the time of deciding any complaint or appeal is of the opinion that the Central Public Information Officer or the State Public Information Officer, as the case may be, has, without any reasonable cause, refused to receive an application for information or has not furnished information within the time specified under sub-section (1) of section 7 or malafidely denied the request for information or knowingly given incorrect, incomplete or misleading information or destroyed information which was the subject of the request or obstructed in any manner in furnishing the information, it shall impose a penalty of two hundred and fifty rupees each day till application is received or information is furnished, so however, the total amount of such penalty shall not exceed twenty-five thousand rupees: Provided that the Central Public Information Officer or the State Public Information Officer, as the case may be, shall be given a reasonable opportunity of being heard before any penalty is imposed on him: Provided further that the burden of proving that he acted reasonably and diligently shall be on the Central Public Information Officer or the State Public Information Officer, as the case may be. of the RTI Act should not be taken against him for not providing complete information to the appellant, or if the information was not with him, for not transferring to the concerned department that portion of the said RTI application the reply of which was not available with him, u/s 6(3) of the RTI Act.
The said Show Cause notice is to be served through the present CPIO to the then CPIO. The present CPIO is also to submit a report to the Commission indicating the name, address, mobile no., place of posting and present designation of the then CPIO working at that relevant time. An explanation to the Show Cause Notice is to be submitted to the Commission within 21 days of the receipt of the order. On receipt of the explanation to the said Show Cause Notice, further action as deemed appropriate will be taken.
Citation: Sh. Sunil Kumar Srivastava v. Northern Railway in CIC/VS/A/2015/002846-AB