Central Information Commission
Mr.Vijay Gupta vs Ministry Of Environment And Forests on 29 February, 2012
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2011/003729/17489
Appeal No. CIC/SG/A/2011/003729
Relevant Facts emerging from the Appeal
Appellant : Mr. Vijay Gupta
S/o Late S. Jagdish Prasad Gupta,
R/o: C-3/260, Janakpuri,
New Delhi - 110058.
Respondent : Dr. P. V. Subbarao
Public Information Officer & Scientist (B) Ministry of Environment & Forest Paryavaran Bhawan, CGO Complex, Lodhi Road, New Delhi - 110003.
RTI application filed on : 21/04/2011 PIO replied : 27/05/2011 First appeal filed on : 02/06/2011 First Appellate Authority order : 04/07/2011 Second Appeal received on : 03/10/2011 Information Sought:
A. Photocopy of Form 1 & Form 1A along with Annexures submitted to the Ministry for Environmental Clearance of the subject matter. B. The name of the person with details of Address who signed/executed the application for Environmental Clearance in the aforesaid matter. C. In what capacity i.e., as Authorised Signatory or Director of the Company or otherwise, as the case may be, the aforesaid person (as mentioned in query no. B above) signed/executed the Application for Environmental Clearance in the aforesaid matter? Please provide the photocopy of the document showing the Authority/Capacity of the person who signed the Application for Environmental Clearance. D. Please provide the photocopy of the application for Environmental Clearance in the aforesaid matter.
E. please provide the photocopy of the Licence issued by the Director Country and Town Planning, Haryana, Chandigarh.
Reply of the Public Information Officer (PIO):
1. This is to inform you that the total number of pages requested by you is 58. You are requested to deposit Rs. 116/- (@Rs.2/-per page) by way of demand draft or IPO to Pay and Account Division of the Ministry. Necessary information will be provided to you after the receipt of above amount.
Grounds for the First Appeal:
Unsatisfactory reply was provided to the appellant by the PIO.Page 1 of 2
Order of the First Appellate Authority (FAA):
"A perusal of the record available for the above mentioned RTI Application reveals that the first response was sent by Director vide letter dated 27th May, 2011 informing that the applicant is required to deposit Rs. 116/- @Rs. 2/- page for the 58 pages desired by you. Further, this amount was deposited by the applicant vide his letter of 27th May, 2011 received in the Ministry on 13th June, 2011. On payment of this amount by the applicant, CPIO has forwarded the requisite information as desired in the RTI application."
Grounds for the Second Appeal:
Unsatisfactory Information.
Relevant Facts emerging during Hearing:
The following were present Appellant: Mr. Arun Arora representing Mr. Vijay Gupta; Respondent: Dr. P. V. Subbarao, Public Information Officer & Scientist (B);
The Appellant had filed an RTI application which was delivered by him to the office of the PIO on 21/04/2011 and the PIO sent a reply on 27/05/2011 asking the Appellant to pay additional fee of Rs.120/-. This was clearly an error since the information should have been supplied within 30 days and in the event of information being provided after 30 days the PIO should have provided it free of cost as per the provisions of Section 7(6) of the RTI Act. The appellant paid the money yet certain information has not been provided to him as follows:
1- Query-B, C, D & E: No information has been provided.
The Appellant has been unnecessarily harassed in filing the appeal and not receiving the information in time. He was also asked to pay additional fees unnecessarily. The Commission therefore awards a compensation to the Appellant as per the provisions of Section 19(8)(b) of the RTI Act of Rs.2000/- for the loss and detriment suffered by in pursing the appeals and getting the information late.
Decision:
The Appeal is allowed.
The PIO is directed to provide the complete information on the queries mentioned above to the Appellant before 20 March 2012.
The PIO is also directed to ensure that a cheque of Rs.2000/- as compensation is sent to the Appellant before 30 April 2012.
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 29 February 2012 (In any correspondence on this decision, mention the complete decision number.)(PRE) Page 2 of 2