The RTI application was received on 27/03/2014 & replied on 12/05/2014 - CIC: The reply was not given timely; U/s 19(8)(b) of the RTI Act, the department directed to compensate him by an amount of Rs. 2000/- for the inconvenience & detriment caused
The appellant sought certified copy of action taken by Sr. Superintendent, Post office, Malwa Subdivision on the complaint dated 12/03/2014 and also certified copy of action taken on noncompliance of order by Sr. Superintendent.
Grounds for the Second Appeal: The CPIO has not provided the desired information.
Relevant Facts emerging during Hearing: The following were present
Appellant: Mr. Kailash Sanoliya through VC
Respondent: Mr. H S Pandey CPIO’s representative through VC
The appellant stated that he has not been supplied the information requested in his RTI application dated 24/03/2014. He further stated that the CPIO’s reply was received after 49 days. The CPIO’s representative stated that the RTI application was received on 27/03/2014 and reply was given vide letter dated 12/05/2014. The appellant pointed out that he had merely asked for the action taken on his complaint dated 12/03/2014 but the respondent have given an evasive reply stating that the matter is sub-judice. To a query the CPIO’s representative admitted that no action was taken on the appellant’s complaint as a factual report had been called from Ujjain. The appellant pointed out that the respondent have accepted that they have given a delayed reply and pleaded that some compensation should be awarded for the detriment caused to him.
The CPIO’s representative has admitted that no action was taken on the appellant’s complaint as they had sought factual report from Ujjain. The RTI reply was not given timely. For the detriment caused the appellant deserves to be compensated, therefore in exercise of the powers vested in the CIC under 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; of the RTI Act, we direct the department to compensate him by an amount of Rs. 2000/- for the inconvenience and detriment caused to him. Accordingly, the CPIO should ensure that this amount is remitted to the appellant by demand draft/pay order within 30 days from the date of receipt of this order. The appeal is disposed of accordingly.
Citation: Mr. Kailash Sanoliya v. Department of Posts in File No. CIC/BS/A/2014/001907/8275