Central Information Commission
Smt.Kalawati Yadav vs Government Of Nct Of Delhi on 7 January, 2011
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2010/001341/10834
Complaint No. CIC/SG/C/2010/001341
Complainant : Mrs. Kalawati,
Street No. 3, D- Block,
Saroop Vihar, New Delhi - 110 084
Respondent : PIO & District Social Welfare Officer (NW-II)
Department of Social Welfare,
Govt. of NCT of Delhi,
Nursery Primary School for Deaf, Sector - 4,
Rohini, Delhi - 110 085
Facts arising from the Complaint:
Mrs. Kalawati Yadav had filed a RTI application dated 27/08/2010 sent through Speed Post to the Public Information Officer, Department of Social Welfare (HQ), Delhi; asking for certain information. However on not having received the information the Complainant filed a complaint under Section 18 of the RTI Act with the Commission. On this basis, the Commission issued a notice to the PIO with a direction to provide the information to the Complainant and further sought an explanation for not furnishing the information within the mandated time.
The Commission is in receipt of a letter dated 16/12/2010 from the respondent wherein it has been stated that the information was sent to the complainant well within time vide letter dated 1/10/2010.
The Commission has perused the documents available on record, it is noted that the reply sent vide letter dated 1/10/2010 mentioned the address of the Complainant as Block - B, Saroop Vihar, Delhi - 110084, whereas the address mentioned on the original RTI application is Block - D, Saroop Vihar, Delhi - 110 036. The department has perhaps not noted this while responding to the Commission.
Further perusal of the submissions show that the PIO has not attached speed post receipt of the information sent. The PIO ought to have realized upon receipt of the notice of this Commission that the matter before the Commission was that of non- supply of information and if the same had been provided in time, proof of dispatch of the same should have been attached with the submissions. The Commission has on numerous occasions categorically ordered that information should be sent through Speed Post, so that it is ensured that information reaches the appellants.
1It is also observed that adequate and specific information with respect to queries in the original RTI application have not been provided.
Decision:
The Complaint is allowed.
In view of the aforesaid, the PIO is hereby directed go thorough the RTI application properly and provide point-wise and specific information to the Complainant before 25/01/2011, with a copy to this Commission. Where no information is available on record, the same shall be categorically stated to the Complainant. Further, with respect to query 1 and 2 of the RTI application, information shall be provided to the complainant in the following format:
Date on which Name and designation of Action taken Date on which forwarded to Complaint received The officer receiving it. Next officer/office.
*there will be as many rows as the number of officers who handled the complaint.
Attested photocopies of all letters and notings will be provided.
The PIO shall send the copy of all Speed Post receipts as proof of dispatch to this Commission by 30/01/2010. The PIO is further directed to ensure that all responses to RTI applications are sent through Speed Post in the future.
Notice of this decision be given free of cost to the parties. Any information in compliance with this order will be provided free of cost as per section 7(6) of RTI, Act, 2005.
Shailesh Gandhi Information Commissioner 7th January 2011 (In any correspondence on this decision, mention the complete decision number.)(ANP) 2