2013 (3) TMI 129 - Commission - Indian Laws

Non-receipt of information from the CPIO within stipulated period - RTI application to CPIO, CESTAT - Held that - The Commission is of the view that Shri S.K. Verma, Assistant Registrar & CPIO and Shri S. Chandran, Registrar & deemed CPIO, CESTAT have prima facie failed to comply with the directions of FAA and caused a delay of more than 100 days in providing complete information to the appellant to his RTI-request dated 11-5-2011. A separate show-cause notice u/s 20(1) of the RTI Act would be issued to Assistant Registrar & CPIO and Registrar & deemed CPIO, CESTAT asking them to show cause why a penalty of Rs. 25,000/- should not be imposed upon him. The Commission also hereby directs the CPIO, CESTAT to provide complete requisite information to the appellant within two weeks of receipt of this order.

Summary

Issues: Non-compliance with FAA's order by CPIO regarding RTI application.

In this case, the appellant filed an appeal-cum-complaint against the respondent Customs, Excise & Service Tax Appellate Tribunal (CESTAT) for not complying with the FAA's order dated 10-8-2011 regarding the appellant's RTI-application dated 11-5-2011. The appellant sought information related to an interim report and actions taken on it. The FAA directed the CPIO to provide the requested information, which was partially fulfilled by the CPIO. The appellant alleged that the CPIO deliberately withheld certain enclosures and did not provide all the information as directed by the FAA. The Commission found that the CPIO and the deemed CPIO failed to comply with the FAA's directions, causing a significant delay in providing complete information to the appellant. Consequently, a show-cause notice was issued to the CPIO and the deemed CPIO, and a penalty of Rs. 25,000 was proposed. The Commission directed the CPIO to provide the complete requisite information to the appellant within two weeks of the order.

This judgment highlights the importance of timely and complete disclosure of information under the RTI Act, emphasizing the accountability of public authorities in responding to RTI requests. It underscores the obligation of CPIOs to comply with FAA's orders and provide information as requested by the appellant. The Commission's decision to issue a show-cause notice and propose a penalty serves as a deterrent against non-compliance and delays in information disclosure. The directive to provide complete information within a specified timeframe reinforces the transparency and accountability standards set by the RTI Act, ensuring that citizens' right to information is upheld effectively.