Shri Vijaya Krishna Tripathi filed an RTI application dt.14.6.08 with the CPIO, DoP, Deoria requesting for copies of charge sheet issued to the officers who were found to be responsible for the delay in the delivery of the articles. On not receiving any reply, he filed an appeal dt.8.8.08 with the Appellate Authority stating that he has not received the information. The PIO replied on 18.8.08 requesting the Applicant to deposit Rs.30/- towards supply of information. The applicant then sent Rs.30/- by way of IPO vide his letter dt.27.8.08 to the CPIO. However, on not receiving any information, he filed a second appeal dt.13.10.08 before CIC reiterating his request for the information.
The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing for November 11, 2009. Shri B.B.Ram, ACPIO represented the Public Authority. The Applicant was present during the hearing.
Decision
The Appellant submitted that the case relates to non-delivery of an article which contains documents relating to a legal dispute and that he had lost the case in court due to its non-delivery. He added that 5 officials have been charge sheeted for the delay in delivery by the Post Office and that he is seeking copies of those charge sheets. The Respondent handed over the certified copies of charge sheets to the Appellant in the presence of the Commissioner. The Commission directs the CPIO to return Rs.30/- requested by him vide his letter dt.18.8.08 to the Appellant by 20.11.09. The Commission also directs the CPIO to show cause as to why a penalty of Rs.250/- per day (Maximum Rs.25000/-) should not be levied on him for not responding to the RTI application within the stipulated time prescribed under the Act despite the Appellant having deposited Rs.30/- as sought by him. The CPIO is directed to submit the explanation in person on 16.12.2009 at 11.15 am. Since no fee is payable at the appeal stage, the IPO No.72E 558615 for Rs.10/- is returned herewith. The appeal is disposed of with above directions.
CIC Decision No CIC/AD/A/X/09/065 dated 11.11.2009
