Our struggle is yielding positive results.
Mr. R I Singh CIC Punjab has imposed 25000 penalty on Shri Grucharan Singh, J.E., o/o the Block Development and Panchayat Officer, Sidhwan Bet, District-Ludhiana, in appeal of one of our member K K Kaura, in Appeal Case No. AC No. 56 of 2011 in an order passed on 10 May 2011. Copy of the order reproduced below:
This order can be viewd at the State Information Commission's Website at : http://www.infocommpunjab.com/Orders2011.aspx > RI SINGH > dated 10 May 2011
STATE INFORMATION COMMISSION, PUNJAB
SCO No. 84-85, 2nd Floor, Sector 17-C, CHANDIGARH.
Shri Kuldip Kumar Kaura, 5C, Phase-1, Urban Estate,
Focal Point, Distt.- Ludhiana. -----------Appellant
Vs
The Public Information Officer,
o/o the Block Development and Panchayat Officer, Sidhwan Bet, District-Ludhiana.
FAA- The District Development and Panchayat Officer, District-Ludhiana. ------------Respondent
AC No. 56 of 2011
Present:- Shri Kuldip Kumar Kaura appellant in person.
Shri Gurcharan Singh, Junior Engineer on behalf of the respondent NO.1 on behalf of the respondent.
ORDER
The appellant had submitted RTI application on 20.9.2010 to PIO/Block Development and Panchayat Officer, Sidhwan Bet, District Ludhiana. A reply was given to him on 11.10.2010 by endorsing a letter addressed by the Block Development and Panchayat Officer to Shri Gurcharan Singh, Junior Engineer as the relevant record was held by Junior Engineer. Subsequently, respondent No.1 furnished a photocopy of M.B. to the information-seeker vide letter NO.1843 dated 10.11.2010. However, it was alleged that certain aspects of the information had not been furnished in time. The plea of respondent No.1 was that they had written to Junior Engineer and it was for him to furnish the information. It was pleaded that Shri Gurcharan Singh, J.E. is a deemed PIO under Section 5 (4) of the Right to Information Act, 2005 and default in time, if any, is to be explained by him.
2. In view of this stand of PIO, notice under Section 20 of the Right to Information Act, 2005 was issued to Shri Gurcharan Singh, J.E. calling upon him why penalty should not be imposed on him for not furnishing complete information within the statutory period of 30 days. He was heard on 27.4.2011 and was further called upon to submit his explanation in writing and the case was adjourned to 10.5.2011.
3. Today, Shri Gurcharan Singh has submitted a written explanation in which he has mentioned that information was furnished vide letter No.1843 dated 10.11.2010. However, a part of the information was furnished only on 3.3.2011. The deficiency in information was removed only on 03.03.2011 as per the written admission of Sh. Gurcharan Singh, J.E.
4. A request for information is required to be dealt with as expeditiously as possible and in any case within 30 days of the receipt of the request (Section 7(i)) of the Right to Information Act, 2005. If a PIO or a deemed PIO under Section 5(5) of the Right to Information Act, 2005 fails, without any reasonable cause, to furnish information within time prescribed under Sub Section (i) of Section 7, he shall face penalty under Section 20(i) of the Act. In the present, Shri Gurcharan Singh, J.E. has admitted to the delay in writing.
5. No reasonable or satisfactory explanation has come from Shri Gurcharan Singh, J.E. to explain this delay. Hence, it is ordered that penalty @ Rs.250/- per day for the period from 10.11.2010 to 3.3.2011 shall be paid by Shri Grucharan Singh, J.E. office of the Block Development and Panchayat Officer, Sidhwan Bet and deposit in the treasury under the head "0070-Other Administrative Services-60-Other Services-800-Other Receipts-86-Fees under the Right to Information Act.
6. To come up on 30.6.2011 at 10.30 A.M. for confirmation.
(R.I. Singh)
May 10, 2011 Chief Information Commissioner
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