Central Information Commission
Shri.R P Tripathi vs Ministry Of Personnel, Public ... on 11 July, 2011
In the Central Information Commission
at
New Delhi
File No: CIC/SM/A/2011/000077
Date of Hearing : July 11, 2011
Date of Decision : July 11, 2011
Parties:
Applicant
Shri R R Tripathi
Advocate
103, F Wing, Shantinagar Complex
Devji Nagar Road
Narpoli Village
Bhiwandi
Thane.
Applicant was not present.
Respondent(s)
Department of Personnel & Training
O/o the Under Secretary
North Block
New Delhi.
Represented by : None.
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
In the Central Information Commission
at
New Delhi
File No: CIC/SM/A/2011/000077
ORDER
Background
1. The RTI Application dated 7.5.2010 was filed by the Applicant with the PIO, DoPT requesting for information about the means adopted to communicate with the states regarding amendment in AIS DC/RB Rule 1958, clarification with regard to first para of Notification dated 30.11.05 , and copies of various documents related to consultation with states. On not receiving any reply the Applicant filed his first appeal on 17.6.2010 once again seeking the information against all the points. The CPIO replied on 4.8.2010 providing point wise information/clarification and also enclosing copies of noting portion of the relevant file against point 7. Not satisfied with the reply the Applicant filed his second appeal before the Commission requesting for the copies of documents related to Consultations with States and also complaining that the PIO and Appellate Authority have knowingly suppressed the information.
Decision
2. The Commission noted from the PIO's reply dated 4.8.10 that some consultations had indeed taken place between the Centre and the State Governments and accordingly directs the PIO to provide details available with the Public Authority regarding such Consultations as sought in the RTI application, including copies of relevant documents/communications and file notings . This information may be provided by 16 August, 2011. As for points (v) and (vi) it is noted from the Section Officer's reply dated 4.8.10 that no information against them is available with the Public Authority and hence no authorization of disclosure can be given by the Commission.
3. The PIO is also directed to showcause as to why a penalty should not be imposed upon him for not responding to the RTI application within the mandatory period. The response to reach the Commission by 15 August, 2011.
4. The appeal is disposed off with the above direction.
(Annapurna Dixit) Information Commissioner Authenticated true copy (G.Subramanian) Deputy Registrar Cc
1. Shri R R Tripathi Advocate 103, F Wing, Shantinagar Complex Devji Nagar Road Narpoli Village Bhiwandi Thane.
2. The Public Information Officer Department of Personnel & Training O/o the Under Secretary North Block New Delhi.
3. The Appellate Authority Department of Personnel & Training O/o the Joint Secretary North Block New Delhi.
4. Officer Incharge, NIC.