CIC recommends Deputy Commissioner to take action for timely disposal of RTI applications
29 Oct, 2012Background
The appellant filed an application under the Right to Information (RTI) Act with the Estate Office seeking details regarding notification issued by the Estate office with respect to construction of commercial building. The Public Information Officer (PIO) informed the appellant that the required information was not available with the office.
Proceeding
During the hearing before the Central Information Commission (CIC), the appellant stated that following her first appeal she was called for hearing on two occasions and after being made to wait for over an hour on both occasions, the hearing was deferred as the PIO was away on official duty and on account of VIP visit. Appellant also stated that after several requests, the FAA called a meeting to hear the appellant’s appeal and after the FAA’s order the PIO provided detailed information to her. The appellant further submitted that this information could have been given to her by the PIO well within 30 days of receiving her RTI application and contended that the matter was deliberately delayed in order to give benefit to some others and to cause detriment to her.
View of CIC
The Commission observed that an incomplete response was provided by the PIO to the appellant and that too with a delay of seven months. The CIC also noted that even the FAA took five and a half months to dispose of the appeal which as per the Act should not have taken more than 45 days. The Commission recommended that the Deputy Commissioner should call for the records and take necessary action so that in future elements within the public authority do not connive with outsiders to give them undue advantage by withholding information and countering transparency. The CIC also awarded compensation of Rs. 3000/- to the appellant for the mental and physical harassment she had to undergo while pursuing the appeal and getting the information late.
Citation: Ms. Jayanti Dutta v. NaibTehsildar in Appeal: No. CIC/DS/A/2012/000026
RTI Citation : RTIFI/2012/CIC/758
Click here to view original RTI order of Court / Information Commission