Sudha vs Department Of Women And Child ... on 11 November, 2021

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Central Information Commission

Sudha vs Department Of Women And Child ... on 11 November, 2021

Bench: Heeralal Samariya

                            केन्द्रीय सूचनाआयोग
                      Central Information Commission
                          बाबा गंगनाथ मागग , मुननरका
                        Baba Gangnath Marg, Munirka
                        नई निल्ली, New Delhi - 110067


 नितीय अपील संख्या/Second Appeal No.:              CIC/DOWCD/A/2020/687300


 Sudha                                                  .....अपीलकताग /Appellant

                                    VERSUS/बनाम


 1. Public Information Officer Under RTI,
 Delhi Commission for Protection of Child Rights
 (DCPCR) (Government of NCT ofDelhi),
 4th & 5th Floor, I.S.B.T. Building,
 Kashmere Gate, Delhi-110006.

 2. Public Information Officer Under RTI,
 Department of Women and ChildDevelopment
 (Government of NCTof Delhi),
 Near Maharana Pratap Inter State BusTerminus,
 Yudhisthir Setu, I.S.B.T., Kashmere Gate,
 Delhi-110006.

                                                         ...प्रतिवादीगण/Respondent


Relevant facts emerging from appeal:

  RTI application filed on          :   23.02.2020
  CPIO replied on                   :   Not on record
  First appeal filed on             :   30.06.2020
  First Appellate Authority order   :   Not on record
  Second Appealreceived at CIC      :   Nil
  Date of Hearing                   :   11.11.2021
  Date of Decision                  :   11.11.2021

                   सूचना आयुक्त   : श्री हीरालाल सामररया
            Information Commissioner:    Shri Heeralal Samariya

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  Information sought

The Appellant sought following information:

 Dissatisfied that no response received from PIO, Appellant filed First Appeal, vide letter dated 30.06.2020.  Written submissions have been received from Appellant, vide letter dated 04.11.2021, for perusal before the Commission and taken on record.

Grounds for Second Appeal:

The PIO has not providedinformation to the Appellant.

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Relevant Facts emerging during Hearing:

The following were present: -

Appellant: Represented by Mr. V.K. Jain, present on phone Respondent: (1) Mr. V.C. Joshi, PIO, DCPCR, present. (2) Mr. Pankaj Jain, Welfare Officer, DWCD, present.

Appellant stated that relevant information, with regard to instant RTI Application, has not been furnished to her. She further requested the Commission that complete set of information be furnished to her. She also submitted a written submission, vide letter dated 04.11.2021, for perusal before the Commission and taken on record.

Upon Commission's instance, PIO, DCPCR, submitted that relevant information has been furnished to the Appellant, vide letter dated 08.11.2021. PIO further submitted that he would abide by the orders of Commission, if any.

Decision:

At the outset, Commission expresses severe displeasure over the conduct of the then PIO, DCPCR, in not having provided reply on the RTI Application within time period stipulated under the RTI Act. Commission was unable to procure the name of the then PIO, therefore Commission directs then PIO through the present PIO to send his written submissions to justify as to why action should not be initiated against him/her under Section 20 of the RTI Act for the gross violation of its provisions. In doing so, if any other persons are also responsible for the omission, the then PIO shall serve a copy of this order on such other persons under intimation to the Commission and ensure that written submissions of all such concerned persons are sent to the Commission. The said written submission of then PIO along with submissions of other concerned persons, if any, should reach the Commission within 30 days from the date of receipt of this order.

The present PIO, DCPCR, will ensure service of this order to then PIO Page 3 of 4 Furthermore, Commission directs the concerned PIO, DCPCR, to send a copy of their reply, along with the annexure, vide letter dated 08.11.2021, to the Appellant, free of cost via speed post, within 30 days after the receipt of this order and accordingly, compliance report to this effect be duly sent to the Commission by the PIO.

Now, Commission, after perusal of case records and submissions made during the hearing, observes that appropriate reply has been furnished to the Appellant by the concerned PIO. Therefore, no further action lies.

The appeal is disposed of accordingly.

Heeralal Samariya (हीरालाल सामररया) Information Commissioner (सू चना आयु क्त) Authenticated true copy (अनिप्रमानित सत्यानपत प्रनत) Ram Parkash Grover (राम प्रकाश ग्रोवर) Dy. Registrar (उप-पंजीयक) 011-26180514 Copy to be served through present PIO to:

Then PIO, Delhi Commission for Protection of Child Rights (DCPCR) (Government of NCT of Delhi), 4th & 5th Floor, I.S.B.T. Building, Kashmere Gate, Delhi-110006.

--(For taking note of the adverse remarks of the Commission and complying with the directions)--

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