PIO claimed that a reply was sent to the appellant but failed to produce any proof of dispatch - CIC: submit an Action Taken Report on status of payment of Medical Claim, show cause notice issued to the PIO why penalty u/s 20 should not be imposed on him

Information sought:

The appellant had sought information regarding status of his Medical Bill/Claim for Rs. 5610/-.

Relevant facts emerging during hearing:

Both the parties are present. The appellant had filed an RTI application on 21.11.2012 seeking information on status of his Medical Bill/Claim for Rs. 5610/-. On receiving no reply from PIO, appellant filed first appeal. The FAA, without passing a speaking order, directed PIO to furnish relevant information to the appellant. The appellant stated that there has been no compliance of FAA’s order till date and that he has not received any information. The respondent stated that a reply was sent to the appellant on 13.02.2013 stating that the Medical Bill/Claim is being examined. The Commission takes note that the respondent has failed to produce any proof of dispatch of the same. The appellant pleaded that a disciplinary action may be taken against the PIO as, till date he does not know the status of his Medical Bill.

Decision:

After hearing both the parties, the Commission directs the PIO to submit an Action Taken Report (ATR) on status of payment of Medical Bill/Claim, as sought in his RTI application, to the appellant within two weeks of receipt of this order, under intimation to the Commission. A show cause notice be issued to the PIO as to why penalty u/s 20 should not be imposed on him for not replying to the RTI application of the appellant within prescribed time. The appeal is disposed of accordingly.

(Yashovardhan Azad)

Information Commissioner

Citation: Shri S. Singh v. Bharat Coking Coal Limited in F.No. CIC/SS/A/2013/000526-YA