Central Information Commission
Amar Singh vs Ministry Of Drinking Water And ... on 18 October, 2022
Author: Saroj Punhani
Bench: Saroj Punhani
के ीय सूचना आयोग
Central Information Commission
बाबागंगनाथमाग , मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
File No : CIC/MODWS/A/2022/134368
Amar Singh ......अपीलकता /Appellant
VERSUS
बनाम
CPIO,
D/o Drinking Water and Sanitation,
RTI Cell, Pandit Deendayal Antyodaya
Bhawan, CGO Complex, Lodhi Road,
New Delhi - 110003. .... ितवादीगण /Respondent
Date of Hearing : 17/10/2022
Date of Decision : 17/10/2022
INFORMATION COMMISSIONER : Saroj Punhani
Relevant facts emerging from appeal:
RTI application filed on : 04/04/2022
CPIO replied on : Not on record
First appeal filed on : 30/05/2022
First Appellate Authority's order : 24/06/2022
2nd Appeal/Complaint dated : 05/07/2022
Information sought:
The Appellant filed an RTI application dated 04.04.2022 seeking the following information:1
The CPIO, Panchayati Raj transferred the RTI application to the Ministry of Drinking Water and Sanitation on 25.04.2022 under Section 6(3) of the RTI Act.
Having not received any response from the CPIO, the appellant filed a First Appeal dated 30.05.2022. FAA's order dated 24.06.2022, disposed of the First appeal as under:-
Feeling aggrieved and dissatisfied, the appellant approached the Commission with the instant Second Appeal.2
Relevant Facts emerging during Hearing:
The following were present:-
Appellant: Present through video conference. Respondent: Not present.
The Appellant stated that he is aggrieved with reply of the CPIO suggesting him to pursue the matter with the State Government even as he has written multiple times to the State Government and yet no material response or information has been received in this regard.
Decision:
The Commission based on a perusal of the facts on record observes that although the factual reply provided by the FAA of the Respondent office suffices the subject matter raised in the RTI Application, however, it is pertinent to note that neither of the two public authorities have any information on the averred complaint filed by the Appellant on 18.02.2022 and the final authority in the said matter is touted to be the State Government, while the Appellant alleges that the State Government has also not provided any information on the subject till date.
Moreover, the CPIO has also failed to appear before the bench for the hearing to assist the Appellant with any relevant input he/she may have had on the subject.
Now, therefore, the CPIO is directed to revisit the RTI Application of the Appellant and provide any relevant input that he/she may have in the matter within 15 days from the date of receipt of this order under due intimation to the Commission. Further, keeping in with the spirit of the RTI Act, the CPIO is also directed to facilitate the Appellant by providing the details of the concerned State Government official who should be contacted in the matter while also marking a copy of said intimation to the concerned State Government machinery for information and necessary action.
Further, the Commission takes grave exception to the absence of the CPIO during the hearing without intimating any reasons thereof. The CPIO is hereby directed to send a written explanation to this effect to the Commission within 7 days from the date of receipt of this order failing which stricter action may be initiated against him.
The appeal is disposed of accordingly.
Saroj Punhani (सरोज पुनहािन) हािन) Information Commissioner (सूचना आयु ) 3 Authenticated true copy (अिभ मािणत स#यािपत ित) (C.A. Joseph) Dy. Registrar 011-26179548/ [email protected] सी. ए. जोसेफ, उप-पंजीयक दनांक / 4