Central Information Commission
Mr. M.P Singh vs Irrigation And Flood Control ... on 20 January, 2010
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2009/001374/6496
Complaint No. CIC/SG/C/2009/001374
Complainant : Mr. M.P Singh
Editor, Navratri
Ma Bhawan, Motijhil Colony
Lucknow-226004
Respondent : Public Information Officer
Irrigation and Flood Control Department
4th Floor, I.S.B.T Building, Kashmere Gate
Delhi-110006
Facts arising from the Complaint:
Mr. M.P. Singh filed a RTI application with the PIO, Irrigation and Flood Control Department on 20/03/2009 asking for certain information. However on not having received the information within the mandated time, a Complaint was filed under Section 18 of the RTI Act with the Commission. On this basis, the Commission issued a notice to the PIO, Irrigation and Flood Control Department, Yamunotri, Okhla on 08/10/2009 with a direction to provide the information to the Complainant and further sought an explanation for not furnishing the information within the mandated time.
The Commission received a letter dated 16/12/2009 from the PIO, Irrigation and Flood Control Department, I.S.B.T Building, Kashmere Gate, New Delhi stating that the information sought pertains to Uttar Pradesh State Irrigation Department. However , this is not an appropriate response. The PIO should have transferred the RTI Application under Section 6(3) of the RTI Act.
Decision:
The Complaint is allowed.
In view of the aforesaid, the PIO is directed to transfer the RTI Application dated 20/03/2009 under Section 6(3) of the RTI Act to the concerned authority for providing the sought information. Further, the PIO is directed to provide a copy of the transfer letter to the Complainant before 10/02/2010.Proof of dispatch of the same should be sent to the Commission before 17/02/2010.The Commission takes serious exception in such matters. Therefore, the Commission warns the PIO to ensure that in future the transfer of a RTI application is done within 5 days from the date of receipt as mandated under Section 6(3) of the RTI Act.
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, 2005.
Shailesh Gandhi
. Information Commissioner
20/01/2010
Encl: RTI Application dated 20/03/2009
(In any correspondence on this decision, mention the complete decision number.)(SP) (For any further correspondence in this matter, please quote the file no. mentioned above)(SP)