Central Information Commission
Shri. P M Umredkar vs Ministry Of Tribal Affairs on 3 May, 2012
Central Information Commission, New Delhi
File No.CIC/SM/A/2011/001105
Right to Information Act2005Under Section (19)
Date of hearing : 3 May 2012
Date of decision : 3 May 2012
Name of the Appellant : Shri P M Umredkar,
168/A, Ashok Nagar,
Nagpur, Maharashtra - 440 017.
Name of the Public Authority : CPIO, Ministry of Tribal Affairs,
(C&LMI Section),
Shastri Bhavan, New Delhi.
The Appellant was present.
On behalf of the Respondent, the following were present:
(i) Shri A.K. Srivastava, CPIO,
(ii) Shri M.L. Tiwari, SO
Chief Information Commissioner : Shri Satyananda Mishra
2. The Appellant was present in the Nagpur studio of the NIC while the Respondents were present in our chamber. We heard both their submissions.
3. The Appellant had sought a number of information regarding the notification for inclusion of the HalbaHalbi as Scheduled Tribes. The CPIO, rather belatedly, provided some information while also observing that much of CIC/SM/A/2011/001105 the information related to the state governments and the DoPT from whom it should be sought. The Appellate Authority had merely forwarded a copy of the CPIO's reply with his order and had given no further decision.
4. The Appellant pointed out that the CPIO deserved to be penalised for not providing the information in time and also for not transferring the item number 6 to the DoPT as mandated under Section 6(3) of the Right to Information (RTI) Act. The Respondents submitted that much time was taken to find out the information as it was very old and was not available in their Ministry.
5. This is not a very convincing explanation. There has been quite some delay in this case. The CPIO concerned needs to show cause for this; or else, he will be penalised in terms of Section 20(1) of the Right to Information Act. We, therefore, direct the CPIO concerned to appear before us on 16 June 2012 at 11.45 a.m. (Room No. 306, August Kranti Bhawan, Bhikaji Cama Place, New Delhi) and show cause why we should not impose penalty on him for his failure to respond in time and provide the desired information.
6. The case is disposed of accordingly.
7. Copies of this order be given free of cost to the parties.
(Satyananda Mishra) Chief Information Commissioner CIC/SM/A/2011/001105 Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges prescribed under the Act to the CPIO of this Commission.
(Vijay Bhalla) Deputy Registrar CIC/SM/A/2011/001105