Central Information Commission
Smt. P Lochan vs Ministry Of Culture on 6 July, 2011
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SM/C/2011/000171/SG/13291
Complaint No. CIC/SM/C/2011/000171/SG
Relevant facts emerging from the Complaint:
Complainant : Smt. P. Lochan
T-63, 34th Cross, 16th Main,
IV-T-Block, Jayanagar,
Bengaluru- 560041
Respondent : Mr. V. P. Sharma
CPIO & Consultant, Indira Gandhi National Centre for the Arts, Janpath, CV Me&s, New Delhi- 110009 RTI application filed on : 27.05.2010 PIO replied to application on : No reply received Complaint filed on : 09.02.2011 Information Sought:
Names of employees of the Southern Regional Centre, IGNCA who were given relieving orders since April 2005 and attested copies of each of the relieving orders.
Reply of the PIO:
No reply received even after lapse of period prescribed in the RTI Act, 2005.
Grounds for Complaint:
No information received by the Complainant till date.
Relevant Facts emerging during Hearing:
The following were present Complainant: Absent;
Respondent: Mr. V. P. Sharma, CPIO & Consultant;
The information had not been provided earlier and the PIO states that now most of the information has been obtained and will be sent to the Complainant before 15 July 2011. Most of the information has been provided to the Complainant on 13/06/2011 by Honorary Director Prof. S. Settar. The Commission asked the PIO the reasons for the delay. The PIO states that he had sought the assistance of Honorary Director Prof. S. Settar under Section 5(4) of the RTI Act but the information was not provided by him. Thus the entire delay had been due to the delay in providing the information by Deemed PIO Prof. S. Settar.
Decision:
The Complaint is allowed.
The PIO is directed to send the complete information to the Complainant before 15 July 2011.
The issue before the Commission is of not supplying the complete, required information by the deemed PIO Honorary Director Prof. S. Settar within 30 days as required by the law. From the facts before the Commission it appears that the PIO is guilty of not furnishing information within the time specified under sub-section (1) of Section 7 by not replying within 30 days, as per the requirement of the RTI Act. It appears that the PIO's actions attract the penal provisions of Section 20 (1). A showcause notice is being issued to him, and he is directed give his reasons to the Commission to show cause why penalty should not be levied on him.
Honorary Director Prof. S. Settar will present himself before the Commission either through Video Conference or by personal presence at the above address on 05 August 2011 at 4.30pm alongwith his written submissions showing cause why penalty should not be imposed on him as mandated under Section 20 (1). He may go to the NIC-Studio at Bangaluru at 04.30PM on 05 August 2011 if he wishes to attend the showcause through Video Conference. He may also send written submissions if he wishes to the Commission before 20 July 2011.
If there are other persons responsible for the delay in providing the information to the Appellant the PIO is directed to inform such persons of the show cause hearing and direct them to appear before the Commission with him.
This decision is announced in open chamber.
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.
Shailesh Gandhi Information Commissioner 06 July 2011 (In any correspondence on this decision, mention the complete decision number.) (SH) Copy through Mr. V. P. Sharma, CPIO & Consultant to:
1- Honorary Director Prof. S. Settar;