Complainant: RTI application sent through registered post tracking details can be shared - PIO vehemently denied the receipt of RTI application - CIC: PIO to give a reply to the complainant and file an affidavit regarding non-receipt of RTI application
The complainant has sought the following information with reference to letter dated 09/12/2019 forwarded by CPIO (Vig.), DG Defence Estates, Delhi Cantt to the Principal Director, DE, Southern Command, Pune and his representation dated 17/11/2019:
a. Details of the inquiry conducted and Action Taken Report.
b. Reasons for the delay committed in taking action.
c. Time required for taking action.
d. Copies of the orders passed
e. Copies of letters forwarded.
Grounds for filing Complaint
The CPIO did not provide any information.
Submissions made by Complainant and Respondent during Hearing:
The complainant submitted that since no reply was given to him within the time period stipulated under the RTI Act, penalty may be imposed on the concerned CPIO.
The CPIO submitted that it was only after the receipt of the CIC’s hearing notice that he came to know about the present RTI application. He also submitted that the appellant had filed many RTI applications and all of them have been duly replied to. He tendered an apology and submitted that he may be given an opportunity to provide a reply to the complainant.
Having heard the submissions of both the parties, it is an admitted fact that no reply has been given to the complainant till date. Even though the complainant submitted that he had sent his RTI application through registered post and can share the tracking details, however, the CPIO vehemently denied the receipt of the above RTI application. The Commission is convinced with the fact that there can be no malafide intention in the part of the CPIO in not providing any reply to the present RTI application as he had already given replies to various other RTI applications filed by the complainant and therefore, the question of imposition of any penalty does not arise. However, as agreed to by the CPIO, he should give a reply to the complainant.
Regarding the issue of non-receipt of the RTI application, the CPIO is directed to file an affidavit regarding non-receipt of the RTI application in question.
In view of the above observations, the CPIO is directed to submit a duly notarised affidavit to the Commission and declare on oath that the above mentioned RTI application was not received by them. A copy shall be endorsed to the complainant within 7 days from the date of receipt of the order.
The complaint is disposed of accordingly.
Vanaja N. Sarna
Citation: Y Akbar Ahmed v. O/o the Principal Director, DE, Southern Command in File No. CIC/DIGDE/C/2020/126998, Date of Decision : 10/03/2022