Central Information Commission
Drsadachari Singh Tomar vs Ministry Of Home Affairs on 11 July, 2016
CENTRAL INFORMATION COMMISSION
2nd Floor, August Kranti Bhawan,
Bhikaji Cama Place, New Delhi110066
Decision No. CIC/VS/A/2015/000601/SB
Dated 11.07.2016
Appellant : Dr.Sadachari Singh Tomar,
Village Durha, PO. Atra,
Distt. Satna, Madhya Pradesh485 446.
Respondent : The Central Public Information Officer,
Ministry of Home Affairs,
NDCCII Bhawan, PP Division, Jai Singh Road,
New Delhi110 001.
Date of Hearing : 11.07.2016
Relevant dates emerging from the appeal:
RTI application filed on : 23.07.2014
CPIO's reply : 04.09.2014
First Appeal filed on : 16.10.2014
FAA's order : 05.12.2014
Second Appeal filed on : 20.01.2015
ORDER
1. Dr. Sadachari Singh Tomar filed an application dated 23.07.2014 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), 1 Ministry of Home Affairs (MHA) seeking information on five points regarding action taken on his letter dated 05.07.2014 relating to 'Z' category security provided to Swami Ram Dev Ji, etc.
2. The appellant filed a second appeal before the Commission on 20.01.2015 on the grounds that the CPIO has not provided satisfactory information and that the First Appellate Authority (FAA) too has not provided the complete information. Also, whatever information was provided was given after lapse of the stipulated period of time. The appellant further submitted that the CPIO and the FAA are liable to be penalized. The appellant also requested the Commission that he may be permitted to inspect the relevant documents related to his RTI application.
Hearing on 11.07.2016:
3. The appellant Dr. Sadachari Singh Tomar attended the hearing through video conferencing. The respondent Shri R. Chaturvedi, Director, MHA was present in person.
4. The appellant submitted that the respondent neither provided complete information nor any opportunity to inspect the relevant records was provided to him by the respondent. The appellant further submitted that his RTI application was filed on 23.07.2014. However, the CPIO gave the reply on 04.09.2014 i.e. after a lapse of more than 30 days. Hence, penalty should be imposed on the CPIO under Section 20(1) of the RTI Act.
5. The respondent submitted that the appellant's RTI application dated 23.07.2014 was received in the respondent office on 12.08.2014 and accordingly, a reply was given by the CPIO on 04.09.2014 i.e. within the stipulated period of time. The respondent further submitted that the appellant was informed that the requisite information could not be provided as the disclosure of the same might endanger the life of the individual and hence, is exempted under 2 Section 8(1)(g) of the RTI Act. Further, information sought relates to personal information of third party and hence, is exempted under Section 8(1)(j) of the RTI Act. Interim Decision:
6. The Commission, after hearing both the parties and perusing the records, observes that as per the appellant, the RTI application was sent on 23.07.2014 and though the reply of the CPIO is dated 04.09.2014, it was sent to him much later. In view of this, the CPIO is liable for imposition of penalty in terms of the provisions under Section 20(1) of the RTI Act, 2005.
7. The CPIO, MHA is hereby directed to submit an explanation both by post and through email at do.icsb[email protected] before the Commission, on or before 09.08.2016, explaining why action under Section 20(1) of the RTI Act should not be initiated against him.
8. The CPIO, MHA is further directed to appear before the Commission on 23.08.2016 at 12.30 p.m. along with a copy of his written explanations.
9. The CPIO is also directed to inform if there is/ are other person(s) responsible for knowingly not providing complete information to the complainant and if so to inform such persons of the show cause hearing and direct them to appear before the Commission on 23.08.2016 at 12.30 p.m. along with his/ their written explanations. 3
10. Copy of decision be given free of cost to the parties.
(Sudhir Bhargava) Information Commissioner Authenticated true copy (V.K. Sharma) Designated Officer 4