Central Information Commission
Shri.Akshay Pant vs Ut Of Andaman And Nicobar on 30 November, 2011
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2011/002530/16029
Appeal No. CIC/SG/A/2011/002530
Relevant facts emerging from the Appeal:
Appellant : Mr. Akshay Pant
South Point,
Shadipur Post Office,
Port Blair - 744106
Respondent : Public Information Officer
UT of Andaman Nicobar A & N Administration Social Welfare Department Goal Ghar, Port Blair Andam & Nicobar Island RTI application filed on : 04/03/2011 PIO replied on : 13/06/2011 First Appeal filed on : 18/04/2011 First Appellate Authority order of : 30/05/2011 Second Appeal received on : 12/09/2011 The information sought: The Appellant wants the entire file noting in regard to appointment of Presenting officer & Inquiry officer, copy of Complaint letters received in the Directorate of Social Welfare.
1. Please provide entire file noting in regard to appointment of Shri. P.C James as inquiry officer and Presenting Officer in the department cases.
2. Please provide entire noting in regard appointment of Miss. Devi as Inquiry Officer Presenting Officer in department cases.
3. Please provide entire file noting in regard to appointment of Shri. A.K. Biswas as Inquiry Officer and Presenting Officer in the department cases.
4. Please provide copy of complaint letter received in the Directorate of Social Welfare and the same investigated by the 'Vigilance Officer of Directorate of Social Welfare, Miss. Rita Devi.
5. Please provide entire file noting in regard to action taken upon the complaints investigated by the Vigilance Officer, of Directorate of Social Welfare, Miss. Rita Devi.
6. Please provide a copy of report submitted to the concerned for taking action in regard to the complaints investigated by the Vigilance Officer by the Directorate of Social Welfare, Miss. Rita Devi.
7. Please provide copy of complaint letters received in the Directorate of Social Welfare and the same investigated by the Vigilance Officer of Directorate of Social Welfare, Shri. R.K. Majhi & Smti. Vijayamma.
8. Please provide entire file noting in regard to action taken upon the complaint letters investigated by the Vigilance Officer, of Directorate of Social Welfare, Shri. R.K. Majhi & Smti. Vijayamma.
Page 1 of 39. Please provide a copy of report submitted to the concerned for taking action in regard to the complaint letters investigated by the Vigilance Officer of the Directorate of Social Welfare, Shri. R.K. Majhi & Smt. Vijayamma.
The PIO reply:
Information provided on query 1 to 3. With regard to the other queries it was stated 'Not Specified'. Grounds for the First Appeal:
The appellant has not received any response from the PIO.
Order of the First Appellate Authority (FAA):
"The Appellant Shri Akshay Pant Stated that the information furnished by PIO/Director of Socila Welfare in respect of SL. No. 01 to 09 vide his application dated 04.03.2011 is incomplete.
APIO stated that a reference was sent to the appellant Shri Akshay Pant asking him to deposit Rs. 20/- per page for the documents which he is asking under RTI Act. So far a sum of Rs. 20/- has not been deposited by the appellant. That the information would be supplied when he would deposit Rs. 20/- Appellant Shri Akshay Pant is advised to deposit Rs.20/- in the office of the PIO/Directorate of Social Welfare and collect the information."
Ground of the Second Appeal:
The applicant is not satisfied with the PIO reply and unsatisfactory order was passed by the First Appellate Authority. Despite paying the additional fee, information not provided for query 4 to 9. The appellant had also filed a compliant with the FAA on 20/06/2011. At the time of hearing with FAA, APIO Mr. Majhi did not mention that information regarding points 4 to 9 would not be supplied.
Relevant Facts emerging during Hearing:
The following were present:
Appellant: Mr. Akshay Pant on video conference from NIC-Port Blair Studio; Respondent: Absent;
The appellant states that despite paying the additional fee and the order of the FAA he has not received any information with respect to queries 4 to 9. There is no explanation on record from the PIO for not providing information regarding queries 4 to 9. The Appellant has also filed a complaint with the First Appellate Authority (FAA) on 20/06/2011 complaining that the complete information has not been supplied to him.
It appears to the Commission that the PIO has not provided the complete information without any reasons and the Appellant has been unnecessarily harassed in to filing the second and not getting the information. The Commission therefore under its powers under Section 19(8)(b) of the RTI Act directs the Public Authority to pay a compensation of Rs.3000/- to the Appellant for the loss and detriment suffered by him in getting the information late and pursuing the second appeal.
Decision:
The Appeal is allowed.
The PIO is directed to provide the complete information on queries 04 to 09 to the Appellant before 20 December 2011. If any of the information is not available on the records this should be stated.
The PIO is also directed to ensure that a cheque of Rs.3000/- as compensation is sent to the Appellant before 30 January 2012.Page 2 of 3
The issue before the Commission is of not supplying the complete, required information by the PIO within 30 days as required by the law.
From the facts before the Commission it appears that the PIO is guilty of not furnishing complete information within the time specified under sub-section (1) of Section 7 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.
He will present himself before the Commission at the NIC Studio, Port Blair on 09 January 2012 at 4.30pm to showcause why penalty under Section 20(1) should not be imposed on him and disciplinary action should not be recommended against him as per Section 20(2) of the RTI Act. If he wishes to he may send his written submissions to the Commission by email before 30 December 2011 at [email protected]. He will also email the proof of having given the information to the appellant.
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. If no other responsible persons are brought by the persons asked to showcause hearing, it will be presumed that they are the responsible persons.
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 30 November 2011 (In any correspondence on this decision, mention the complete decision number. (BK)) Page 3 of 3