2013 (7) TMI 1007 - Commission - Indian Laws

Summary

Issues involved:
The main issue for determination is whether the CPIO delayed or denied the information to the appellant, making himself liable for penalty proceedings under Section 20 of the RTI Act, 2005.

Facts:
The appellant filed an RTI application dated 25-4-2011 addressed to the CPIO, Dept. of Revenue, which was transferred to the CPIO, CESTAT on 6-5-2011. The appellant appealed against the transfer, and the first appellate authority partially allowed the appeal, directing the CPIO to provide specific information. The CPIO invited the appellant to inspect certain files but expressed inability to provide others. The appellant alleged that the information sought was not provided to him.

Decision:
After hearing both parties, the Commission decided to issue a show cause notice to the CPIO of Dept. of Revenue to explain why a penalty should not be imposed on him for causing a delay in providing the information. A separate show cause notice was also issued to the then CPIO, Shri Victor James. The Commission found that the CPIO had partially complied with the appellate authority's order in a reasonable time frame, considering the workload. A penalty of Rs. 5,000 was imposed on Shri Victor James, and the East Delhi Municipal Corporation was directed to recover this amount from his salary and send a Demand Draft to the Central Information Commission.