Representative of PIO: except hearing notice of the CIC, no paper regarding the present RTI application is available with them - CIC: SCN to the then PIO for not complying with the FAA order & the current PIO for not maintaining the proper records
9 Oct, 2014Representative of PIO: except hearing notice of the CIC, no paper regarding the present RTI application is available with them - CIC: SCN to the then PIO for not complying with the FAA order & the current PIO for not maintaining the proper records and claiming that the relevant RTI application and the FAA order are not available with them, sending a subordinate official to the hearing of the CIC
FACTS
2. The appellant submitted that through his RTI application dated 7-12-2012, he has sought information about the quantum of compensation paid to those who were killed and injured in the Bomb Blast on 29-10-2005 at 6.30 pm at Sarojini Nagar, New Delhi. Having received no reply within the prescribed period, the appellant made first appeals before the FAA, who by his order dated 20-3-2013 directed the PIO/SDM(Vasant Vihar) to provide the information to the appellant within 15 days from the date of receipt his order. As FAA order is not complied, the appellant has filed 2nd appeal before the Commission.
Decision:
3. Heard the submissions made by both the parties. The respondent authority is represented by Mr. Parminer Tomar, Patwari, who submitted that except hearing notice of the Commission, no paper regarding the present RTI application is available with them. He has been supplied with the copies of RTI application and the FAA order during hearing. The Commission directs the respondent authority to provide the information to the appellant within 20 days from the date of receipt of this order.
4. The Commission further directs the then PIO Mr. Alok Sharma to show cause why maximum penalty cannot be imposed against them for not complying with the FAA order within the time period. The Commission also directs the present PIO Mr. Vikram Singhal to show cause why maximum penalty cannot be imposed on him for not maintaining the proper records and claiming that the relevant RTI application and the FAA order are not available with them, sending a subordinate official to the hearing of the Commission without any proper assurance to comply with the FAA order. The explanations of the PIOs should reach this Commission within 3 weeks from the date of receipt of this order. The Commission recommends the present PIO to follow the system of keeping the records in a systematic manner and report the same to the Commission within one month. Noncompliance of this order will be taken seriously and the same will attract the provisions of section 20 of the RTI Act.
5. The Commission orders accordingly.
(M. Sridhar Acharyulu)
Information Commissioner
Citation: Shri R.C.Gupta v. Sub Divisional Magistrate Vasant Vihar in File No.CIC/DS/A/2013/001314SA