The person appearing for PIO submitted that he is only a bailiff and does not know anything; he was instructed to say ‘I do not know’ to any question that is asked during the hearing - CIC: PIO to show cause as to why penalty should not be imposed u/s 20
20 Mar, 2014The person appearing for PIO submitted that he is only a bailiff and does not know anything; he was instructed to say ‘I do not know’ to any question that is asked during the hearing - Appellant: order of CIC in case No.CIC/AD/C/2012/000277 wherein the Respondent was asked to give personal hearing was not complied with - CIC: from this record, it appears that PIO has deliberately not complied with orders of CIC and FAA; PIO to show cause as to why penalty should not be imposed u/s 20
FACTS
Heard today dated 3.3.14. Appellant present. Public Authority is represented by Shri Jaiprakash, Bailiff.
2. During the hearing, Shri Jaiprakash appearing for the Respondent submitted that he is only a bailiff and was sent by the PIO. He claims that he does not know anything and was instructed to say ‘I do not know’ to any question that is asked during the hearing. When queried, he stated that name of the PIO is Shri Vinay Kaushik.
3. The Appellant submitted that the order of the CIC in case No.CIC/AD/C/2012/000277 wherein the Respondent was asked to give personal hearing was not complied with. He added that Appellate Authority vide order dt.1.10.12 had directed the PIO/SDM(NL) to call the Appellant and allow him to inspect the record and provide appropriate reply and desired documents within fifteen days of receipt of the order was also not complied with. Even the Commission found it very difficult to get any information from the Respondent public authority who was represented by the bailiff. The file carried by the bailiff was scrutinized by the Commission and there is a file noting in which it was recorded that Appellant could be called on 22.10.12 at 11.30 am for inspection of record and the file did not contain anything thereafter. From this record, it appears that PIO of Respondent Public Authority has deliberately not complied with orders of CIC and FAA pertaining to this RTI application dt.10.7.12. The way he has sent the bailiff without any information to the Commission shows lack of responsibility and lack of concern for the implementation of the RTI Act. Considering this as a serious lapse on the part of Respondent Public Authority, the Commission directs Shri Vinay Kaushik, CPIO to show cause as to why penalty cannot be imposed against him u/s 20 of the RTI Act. He is directed to submit his written response to the Commission within three weeks of receipt of this order. The Commission directs the PIO to facilitate inspection of record by the Appellant as ordered by FAA within fifteen days of receipt of this order.
4. The Commission ordered accordingly.
(M. Sridhar Acharyulu)
Information Commissioner
Citation: Sube Singh v. Revenue Dept., in File No.CIC/AD/A/2012/003683SA