Non-receipt of RTI application filed online

 Background

The appellant filed the RTI application on MCD’s online facility seeking the copy of the note sheet of Competent Authority and permission letter regarding road cutting permission issued to a school and the details regarding the drinking water connection issued by Executive Engineer-(M)-I for a certain period. He also wanted to know the time taken to issue the permission and details of amount which was deposited by the school. He further requested for the copy of the work order and Schedule. Not getting any reply from the Public Information Officer (PIO) within the stipulated time of 30 days he filed the first appeal. The First Appellate Authority (FAA) ordered the PIO for disclosure of information within 20 days of receipt of the order. The PIO did not provide any information even after the directions issued by the FAA.

View of CIC

The PIO claimed that he never received the RTI application filed by the applicant and that he furnished the information later, with a delay of three months. The Central Information Commission observed that the MCD has given the online facility for filing the RTI application but lacked the capability of servicing these applications. The Commission awarded a compensation of Rs. 2000/- to the appellant 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 for the loss and detriment suffered by him in following the matter. A show cause notice was issued to the PIO to give the reasons why penalty should not be imposed on him under section 20(1), for not furnishing complete information within the time specified under section 7(1) Subject to the proviso to sub-section (2) of section 5 or the proviso to subsection (3) of section 6, the Central Public Information Officer or State Public Information Officer, as the case may be, on receipt of a request under section 6 shall, as expeditiously as possible, and in any case within thirty days of the receipt of the request, either provide the information on payment of such fee as may be prescribed or reject the request for any of the reasons specified in sections 8 and 9: of the RTI Act and for the disobedience of the orders of the FAA.

Comments

In the times to come, the online filing of application is likely to increase in a big manner. All public authorities must gear up to the future need and create the necessary infrastructure now.

Citation: Mr. R.L Makhija v. MCD in File No. CIC/SG/A/2011/003549