[HumJanenge] IMPORTANT CIC's DECISION ON RETD CPIO

For information about the retd. PIO's status in the CIC's proceedings   Central Information Commission Room No.296, II Floor, B Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi110066 Telefax:01126180532 & 01126107254 websitecic. gov.in Appeal : No. CIC/LS/A/2010/001084DS Appellant /Complainant : Smt. Rajrani, Delhi (Sh. Sunil Bansal & Sh. Yogesh Kumar – on behalf of Appellant) Public Authority : Delhi Development Authority, N. Delhi (Sh. Meena Pahwa, Diretor (PR),CPIO, Sh. Anil Sahni, Dy. Dir. (GH),CPIO, Sh. Ravi Kumar, Asstt. Dir.(PR) & Sh. B.M. Mehta) Date of Hearing : 6 April 2011 Date of Decision : 6 April 2011 Facts:1. Smt Raj Rani presented RTI application dated for November 2009 before the CPIO, DDA, New Delhi seeking information on action taken and current status of three representations made by her– enclose herewith as Annexure A. 2. The CPIO vide his letter dated 27 November 2009 furnished information as was held by them through their letter of 18 November 2009 which was enclosed.   3. The applicant preferred appeal dated 12 January 2010 before the First Appellate Authority who vide FAA order dated 29 January 2010 directed the CPIO/Deputy Director (GH) to provide information as sought by the appellant in his RTI application of 4 November 2011. 4. Not receiving a response from the CPIO, the applicant preferred second appeal before the Commission. The matter was her today. Both parties were present as above and made submissions. There was complete lack of clarity regarding the dates of the Appeal : No. CIC/LS/A/2010/001084DS   2 three representations made by the appellant and referred to in the RTI application. The appellant has made more than one RTI application on the same subject and there were several crossreferences and letters addressed by each party to the other. Respondents stated that in pursuance of the directions of the first appellate authority, they had furnished information to the appellant by letter dated 7 January 2011 (almost one year after the order of FAA). Appellant stated that he had not received this letter which the respondent claims to have dispatched my speed post.   Decision notice   5. Respondent is directed to provide photocopy of the dispatch register in which the dispatch details of letter dated 7 January 2011 are recorded and also allow inspection of the said register to the appellant within two weeks of receipt of the order.   6. Since there is no clarity and some confusion in respect of the three representations preferred by the Appellant and referred to in his RTI application, appellant is directed to provide a full set of papers pertaining to his RTI application of 4 November 2009 including copies of the three representations whose status he has sought, to the  CPIO/Deputy Dir (GH) within one week of receipt of the order who will then furnish full and complete information to the appellant within three weeks thereafter.   7. Through this order Commission issues notice to the then CPIO Shri M L Ailawadai (who had retired earlier this year) to show cause why penalty should not be imposed upon him for not having furnished information to the appellant in discharge of his responsibilities as CPIO and in pursuance of the order of the first appellate authority dated 29 January 2010. Opportunity of personal hearing is provided to Shri Ailawadai and he is directed to appear before the Commission on 9.6.2011 at 11.30 AM. Appeal : No. CIC/LS/A/2010/001084DS 3 8. Respondent as represented today are also directed to be present on 9.6.2011 at 11.30 AM on which the Commission will review the compliance of this order.   9. The respondent is directed to send copy of this order to Shri Ailawadai at his present address for his appearance before the Commission.   (Smt. Deepak Sandhu) Information Commissioner (DS) Authenticated true copy: (T. K. Mohapatra) Under Secretary & Dy. Registrar Tel No. 01126105027 Copy to:1. Smt. Rajrani E76, Aravalli CGHS Ltd., Plot No.44, Setor 13, Rohini Delhi110085   2. The CPIO, Delhi Development Authority Director (Public Relations), Room No. B/19, BBlock, Vikas Sadan INA, New Delhi.   3. The Appellate Authority Delhi Development Authority O/o Director (RL), ABlock Vikas Sadan, INA, New Delhi.   4. Shri M.L. Ailawadai, (Retd.) The then CPIO Delhi Development Authority Appeal : No. CIC/LS/A/2010/001084DS 4 O/o Director (RL), ABlock Vikas Sadan, INA, New Delhi.Appeal :