Records pertaining to one’s own service book, personal files and pension book - PIO deputed a junior functionary to appear before the Commission on his behalf - CIC: compensation of Rs. 5000/- awarded to appellant - show cause notice to PIO for penalty
Seeking records pertaining to one’s own service book, personal files and pension book - PIO deputed a junior functionary to appear before the Commission on his behalf - Commission awarded a compensation of Rs. 5000/- to the appellant and issued a show cause notice to the PIO for not having acted in accordance with the provisions of the RTI Act and denying information beyond the prescribed time limit
1. Further to Commission’s orders of even number dated 17 July 2013 and 19 September 2013 vide which the CPIO namely the Sanitation Superintendent/ Shahadara South Zone was directed to appear before the Commission, this time also the CPIO did not appear. Appellant was present in person. In Commission’s order of even number dated 17 July 2013, Commission has already observed that the CPIO had failed to appear and had instead deputed a junior functionary of the rank of UDC to appear before the Commission on his behalf which is contrary to the requirements of the RTI regime. In spite of this observation, the CPIO has chosen to stay away and has also not provided information to the appellant who is a retired Safai Karamchari (Ward no 237) who is seeking information pertaining to his own service book, personal files and pension book.
2. After hearing the averments of the appellant and perusing the facts on record Commission notes that the RTI application in this case is dated 16 February 2012 and even after the passage of over one half years, the appellant has yet to receive the requested information which is fully disclosable as per the provisions of the RTI Act. The CPIO neither has provided information nor has appeared before the Commission inspite of two notices issued by the Commission.
3. Such conduct on the part of the CPIO is reprehensible and contrary to the provisions of the transparency Act. CPIO is once again directed to provide full and complete information to the appellant within two weeks of receipt of the order. Further, for the detriment caused to the appellant on account of the delay in providing information to him, Commission awards him compensation of Rs. 5000/- as per the provisions of section 19(8)(b) In its decision, the Central Information Commission or State Information Commission, as the case may be, has the power to require the public authority to compensate the complainant for any loss or other detriment suffered; which amount will be paid to him within two weeks of receipt of the order. A copy of this order is marked to the Deputy Commissioner in charge of Shahdara South zone, EDMC so that he can fix responsibility for the loss of this amount to the Corporation on account of dereliction of duty by the CPIO which has attracted the aforementioned clause of the RTI Act.
4. Through this order, show cause notice is also issued to the CPIOs who were holding the post during the period February 2012 up to October 2013 to show cause why penalty should not be imposed upon them for not having acted in accordance with the provisions of the RTI Act in the present case by denying information to the appellant well beyond the time limit prescribed in the Act. All concerned are directed to appear before the Commission for personal hearing on 18.11.2013 at 3.30 PM. In case the CPIOs fail to appear, Commission will be free to take ex parte decision in the matter of the show cause and to impose penalty.
(Smt. Deepak Sandhu)
Chief Information Commissioner (DS)
Citation: Shri Shyam Lal v. East Delhi Municipal Corporation in Adjunct to Appeal: No. CIC/DS/A/2013/001006