Central Information Commission
Mrs.Anita Devi vs Icfre, Dehradun on 13 March, 2009
Central Information Commission
CIC/AD/C/08/00152
Dated March 13, 2009
Name of the Applicant : Mrs.Anita Devi
Name of the Public Authority : ICFRE, Dehradun
Background
1. The Applicant filed an RTI application dt.3.10.08 with the CPIO, ICFRE, Dehradun. She wanted to know whether any correspondence had taken place between ICFRE and MoEF in the matter relating to disciplinary proceedings against her. If yes, she wanted copy of each of the letters exchanged between them. The CPIO replied on 27.11.08 stating that since the disciplinary case for submitting a Scheduled Caste Certificate is pending against her since 1997, there is a long and protracted correspondence between ICFRE and the Ministry since 1997 till date. He requested that the Applicant furnish him with details of specific letters she requires under the RTI Act. The Applicant filed a Complaint before the CIC , received in the Commission on 2.12.08 seeking initiation of suitable action in directing the CPIO to provide the information and also imposition of a fine for not complying with the provisions of the RTI act. Meanwhile the Applicant also replied to the CPIO on 15.12.08 giving the approximate dates on which the letters being sought were written. The CPIO provided copies of the required letters to the Applicant n 17.12.08 .the copies of the correspondence exchange between the ICFRE and the Mi. of Environment & Forests and vice- versa in the departmental proceedings against Ms. Anita Devi On not receiving any reply, she filed a complaint dt.nil before CIC.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing for March 13, 2009.
3. Mr. V.K. Sharma, O.S. and Mr. S.S. Chauhan, O.S. represented the Public Authority.
4. The Applicant's representative Mr. Mehar Singh was present during the hearing.
Decision
5. The Respondent submitted that the CPIO replied on 27.11.08 requesting the Complainant to be more specific with regard to the letters she was seeking. The Complainant replied on 15.12.08 requesting copies of three specific letters dt. around 22.1.08, around 25.3.08 and in early June, 08. In response, the CPIO provided certified copies of three letters from the Ministry dated 22.1.08, 25.3.08 and 5.6.08. The Complainant then requested the CPIO, ICFRRE on 30.12.08 to provide her with the enclosures which were sent with the above mentioned three letters from the Ministry. On 3.2.09, the CPIO sent seven enclosures as requested by the Appellant. On his part, the Complainant submitted an Order from the MOFE dt 5.12.08 based on which the Appellant was removed from service. It was the Complinant's contention that had she received the information on time there was a possibility that the removal from service would not have been taken place since she would have filed a case in the Court. The Complainant insisted that penalty should be levied on Respondent for the delay in providing the information.
6. After hearing the arguments put forth by both parties and noting that the CPIO has taken more than the mandatory period for replying to the Complainant, the Commission directs the CPIO, ICFRE to show cause as to why a penalty of Rs.250/- per day should not be imposed on him, for not providing the information within the period stipulated in the RTI Act. The response is to be submitted to the Commission within 15 days of the receipt of this Order.
7. The appeal is disposed off.
(Annapurna Dixit) Information Commissioner Authenticated true copy:
(K.G.Nair) Designated Officer Cc:
1. Mrs.Anita Devi W/o Mr.Mehar Singh 7A, Vikaspuram Enclave PO: New Forest Dehradun
2. The CPIO & Indian Council for Forest Research and Education PO : New Forest Dehradun
3. Officer in charge, NIC
4. Press E Group, CIC