2010 (3) TMI 962 - Commission - Indian Laws

Summary

Issues:
1. Failure to provide information under RTI Act within the specified time limit.
2. Supersession of Public Notice No. 2/2000 by Order No. 6/2009.
3. Appellate Authority's direction to file a fresh RTI-request instead of disclosing information.
4. Delay in responding to the RTI-request by the CPIO.
5. Appropriate action against the CPIO for delay in responding to the RTI-request.

Analysis:
1. The appellant filed an appeal against the Customs Excise & Service Tax Appellate Tribunal (CESTAT) regarding an RTI-request seeking specific information. The Central Public Information Officer (CPIO) failed to respond within the required 30 days, citing Public Notice No. 2/2000. The Appellate Authority upheld this decision but noted that the public notice had been superseded by Order No. 6/2009, allowing the disclosure of the requested information. The Commission ruled in favor of the appellant under Section 7(6) of the RTI Act, directing the CPIO to provide the documents free of cost within two weeks.

2. The Commission highlighted the failure of the CPIO to respond within the stipulated time frame, leading to the appellant's entitlement to the information without any charges. The decision emphasized the importance of timely responses under the RTI Act and the obligation of public authorities to adhere to the specified time limits for providing information to applicants.

3. Additionally, the Commission directed action against the CPIO for the delay in responding to the RTI-request, as the delay exceeded two months. The Commission invoked Section 20(1) of the RTI Act to initiate proceedings against the CPIO for the delayed response, emphasizing the accountability of public authorities in promptly addressing RTI requests to uphold transparency and accountability.

4. The Commission criticized the Appellate Authority for advising the appellant to file a fresh RTI-request instead of disclosing the information as part of the ongoing proceeding. This decision was deemed irregular, as it subjected the appellant to unnecessary additional steps when the information could have been provided promptly. The Commission advised the Appellate Authority to exercise diligence in interpreting the RTI law to safeguard the rights of applicants and ensure efficient handling of information requests.

5. Despite the inconvenience caused to the appellant by the Appellate Authority's decision, the Commission deemed it unnecessary to award compensation under Section 19(8)(b) of the RTI Act. The Commission emphasized the importance of upholding the principles of the RTI Act in providing timely and transparent access to information while holding public authorities accountable for any delays or irregularities in responding to RTI requests.