Central Information Commission
Mr. L.M. Davidson vs Sethusamudram Corporation Limited on 7 January, 2009
CENTRAL INFORMATION COMMISSION
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F.No.CIC/AT/C/2008/00314
Dated, the 07th January, 2009
Complainant : Mr. L.M. Davidson
Respondents : Sethusamudram Corporation Limited
This complaint has been filed by Mr.L.M. Davidson against CPIO, Mr.R.Seshadri, Superintending Engineer, Sethusamudram Corporation Limited for delay in provision of information corresponding to complainant's RTI-application dated 03.09.2007. Matter came up for hearing on 06.01.2009. Complainant was absent in response to Commission's notice dated 18.12.2008.
2. Show-cause notices under Section 20(1) of the RTI Act were issued to the CPIO on 21.11.2008.
3. During the hearing, CPIO, Mr.Seshadri admitted the delay but stated that the Sethusamudram Corporation Ltd was a small organization and Mr.Seshadri, Superintending Engineer was called upon to shoulder many additional responsibilities including the responsibility of the CPIO under the RTI Act. He was extremely busy with several important court matters which were being heard by the Supreme Court. He was constantly moving between Chennai and New Delhi in pursuance of several important items of work which was in his charge. He stated that he was a modestly paid employee and is on the verge of his retirement and requested the Commission to excuse him and not to impose penalty on him for the delay which occurred in this matter.
4. It is seen that RTI-application of the complainant was filed on 03.09.2007, but the reply of the CPIO was furnished only on 19.07.2008, i.e. with a delay of more 270 days.
5. On the face of it, the delay looks inexcusable, but considering the peculiar circumstances stated by the CPIO, I consider that this matter comes within the reasonable cause provision of Section 20(1) of the RTI Act and hence I drop further proceeding in this matter.
6. Complaint closed.
7. Copy of this decision be sent to the parties.
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