CIC: Provide certified legible copy of the explantion submitted by PIO to the Commission regarding the SCN - CIC: Appellant has right to file a non-compliance complaint in the Commission as per the practice rather than filing fresh RTI Application
27 Nov, 2023
O R D E R
FACTS
The Appellant vide his RTI application sought information as under:-
- Provide certified legible copy of the “Show cause” explantion submitted in the Commission within 21 days of receipt of its order by concerned CPIO/DPCC-GNCTD, in compliance with the instructions and orders as cited on the page 3 and 4 of the Hon’ble Commission order No CIC/DPCCM/C/2021/115454-UM dated 27.06.2022.
- Provide certified legible copy of above mentioned “Show cause” explanation dispatch diary details page having its postal details etc.
The CPIO vide letter dated 14-12-2022, furnished a reply to the Appellant. Dissatisfied with the reply received from the PIO, the Appellant filed a First Appeal. The order of the FAA, if any, is not on the record of the Commission. Thereafter, the Appellant filed a Second Appeal before the Commission.
HEARING:
Facts emerging during the hearing:
The following were present:
Appellant: Mr. R. N. Kaushik, attended the hearing.
Respondent: Mr. PS Pankaj, SPIO, Mr. Satender Kumar, APIO and Mr. V.K. Jain, EE, attended the hearing.
The Appellant while reiterating the contents of his RTI Application has stated that he is not satisfied with the information provided qua the instant RTI Application as the Respondent has provided uncertified copies of the records.
A written submission has been received from Mr. P.S. Pankaj, SPIO/DPCC, vide letter dated 30.10.2023 and the same has been taken on record.
DECISION:
Keeping in view the facts of the case and the submissions made by both the parties, the Commission observes that though sufficient information has been provided by the Respondent but the Appellant has expressed his dissatisfaction over the same. Hence, the Commission deems it fit to direct the Respondent to re-send the relevant and certified copies of the records to the Appellant, within 15 days from the date of receipt of this order.
Be that as it may, the Commission observes that the instant RTI Application has been filed by the Appellant before the Respondent seeking certified copy of such record which was merely a compliance correspondence between the Respondent and the Commission. It is also a matter of record that the Respondent is under no mandate to provide such correspondence to the Appellant. At this juncture, the Commission would like to counsel the Appellant that in case he has not received the relevant information from the Respondent in compliance to some directions passed by the Commission, the Appellant has right to file a non-compliance complaint in the Commission as per the practice rather than filing fresh RTI Application.
The Appeal stands disposed of accordingly.
(Uday Mahurkar)
Information Commissioner
Citation: Mr. R. N. Kaushik v. Delhi Pollution Control Committee, CIC/DPCCM/A/2023/109010-UM; Date of Decision: 02.11.2023