CIC: It is observed that there has been sufficient delay in providing the information/ complying with the FAA’s Order; A warning issued to the PIO to refrain from engaging in conduct that is in violation of the RTI Act
9 Mar, 2020CIC/DCFWO/C/2019/153026
Information sought and background of the case:
Complainant filed RTI application dated 10.07.2019 seeking information on 03 points mentioned hereunder;
1. Notings/Remarks on note-sheets of each hearing dates by all the officers/counsellors who heard the above case in each date and wrote their remarks and me and my wife also did the sign on each notings in every date of hearing.
2. Finally, my wife was called in the final date21.01.2019 for personal hearing. Please provide the final action taken report in the said case after her personal hearing on 21.01.2019.
3. My wife (Mrs.Rajni) made a complaint on 01.12.2018 to the DCW helpline No.181 through mobile number 9211552538, (Case No.DCW/2245/B6/FK). In the said complaint, The Mahila Panchayat team visited in my house on 01.12.2018 and submitted their report to the DCW. Please provide the reports of Mali Panchayat Team with all the enclosures sent to the DCW in the said complaint and case No.DCW/2245/B6/FK.
Having not received any reply from the PIO, the Complainant filed First Appeal dated 26.08.2019 which was not adjudicated therefore Complainant filed a Complaint in the Commission.
CIC/DCFWO/C/2019/163229
Information sought and background of the case:
Complainant filed RTI application dated 09.10.2019 seeking information on 04 points mentioned hereunder:
1. Provide the complete file noting/remarks on note-sheet of each hearing dates by all the officers/counselors who heard the above case in each date.
2. Provide the complete file documents (each and every complaints, reports, action taken in the said matter) of the said file.
3. Finally, my wife was called in the final date 21.01.2019 for personal hearing. Please provide the final action taken report in the said case after her personal hearing on 21.01.2019.
4. My wife (Mrs. Rajni) made a complaint on 01.02.2018 to the DCW helpline number 181 through mobile number 9211552538, (Case number DCW/2245/B6/FK).
In the said compliant, the Mahila Panchayat team visited in my house on 01.02.2018 and submitted their report to the DCW. Provide the report of Mahila Panchayat team with all the enclosures sent to the DCW in the said complaint and case number DCW/2245/B6/FK.
PIO/DCW, vide letter dated Nil furnished the point wise reply to the Complainant.
Dissatisfied with the reply received from the PIO, Complainant filed First Appeal dated 19.11.2019 which was not adjudicated. Therefore, the Complainant filed a Complaint in the Commission.
Facts emerging in the course of hearing:
The Complainant is absent despite advance notice of hearing. The Respondent submitted that both the matters are identical and that reply was provided to the Complainant. The order of the FAA dated 14.09.2019 in Complaint No CIC/DCFWO/C/2019/153026 directing the PIO to provide the information free of cost within 15 days was complied with on 06.11.2019 providing point wise information. Another response dated 19.12.2019 forwarding the same information was sent to the Complainant. Similarly, the FAAs order dated 06.12.2019 in Complaint No CIC/DCFWO/C/2019/163229 was complied with vide letter dated 06.01.2020.
During the hearing, the Respondent conveyed that the Appellant sought information on 4 points wherein 3 points have already been replied to. Information about 4th point has been provided albeit with delay after collating and compiling the same from the concerned NGOs. The Respondent also submits that there was delay in giving reply. The Complainant is not present to buttress his case.
Decision:
In view of the above, the Commission observes that RTI applications have been dealt with appropriately. Moreover, the Complainant has neither appeared during the hearing nor sent any submissions to buttress his case regarding malafide denial of information without any reasonable cause. The Commission is thus of the considered opinion that no further adjudication is required in this case. It is however observed that there has been sufficient delay in providing the information/ complying with the FAA’s Order. A warning is therefore issued to the PIO in the Respondent public authority to refrain from engaging in conduct that is in violation of the RTI Act.
The Complaints are dismissed.
Y. K. Sinha
Information Commissioner
Citation: Shri Anil Kumar Sharma v. Delhi Commission for Women in Complaint No. CIC/DCFWO/C/2019/153026 and CIC/DCFWO/C/2019/163229, Date of Hearing : 13.02.2020