2024 Supreme(Online)(CIC) 7424
के ኚरीय सूचना आयोग Central Information Commission , बाबा गंगनाथ मागग मुननरका
Baba Gangnath Marg, Munirka नई दिल्ली, New Delhi – 110067 द्वितीय अपील संख्या/Second Appeal No. CIC/DELJB/A/2021/141557 Mr. Santoki Ram … अपीलकताग/Appellant VERSUS बनाम CPIO …्ቚनतिािी/Respondent O/o the Superintending Engineer (E&M)
Delhi Jal Board, WS – II, E-39, Connaught Place, New Delhi – 110001.
Relevant dates emerging from the appeal:
INFORMATION COMMISSIONER : Vinod Kumar TiwariDate of Impugned Order: 25.08.2022 Date of Hearing: 27.01.2024 Order w.r.t disposal of Non-Compliance: 07.02.2024
O R D E R
1. The issue under consideration is the complaint for non-compliance dated
03.09.2022 of CIC’s order dated 25.08.2022 in the above matter.
2. The above-mentioned appeal of the appellant, Shri Santoki Ram was disposed of by the Commission on 25.08.2022 wherein following observations and directions are given:
“Keeping in view the facts of the case and the submissions made by the Appellant and on the perusal of the documents on record, the Commission observes that the information sought by the Appellant is crucial as it has a direct financial bearing on him. Therefore the Commission directs the CPIO to re-examine the matter and furnish a complete, point wise information to the Appellant, strictly in accordance with the spirit of transparency and accountability as enshrined in the RTI Act, 2005 within a period of 30 days from the receipt of this order under the intimation to the Commission to the The Appeal stands disposed accordingly.”
3. The Registry of this Bench vide letter dated 24.04.2023 had sought comments of the CPIO on the non-compliance complaint filed by the Appellant. 4. The CPIO has not complied with the directions of the Commission as per available records.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Shri Santoki Ram, attended the hearing.
Respondent: Absent.
The Appellant stated that the Respondent has not provided any reply in compliance to the direction passed by the Commission vide order dated
25.08.2022.
The Respondent did not participate in the hearing despite being served the hearing notice in advance.
Decision:
The Commission, after hearing the submissions of the representative of the Appellant and after perusal of records, observes that the Respondent has not complied with the previous directions of the Hon’ble Commission. Moreover, the Respondent has not appeared before the Commission. In fact, the Respondent has not even bothered to inform the Commission regarding the reason for his/her non-appearance. The act of the Respondent shows that he/she does not have any respect towards the RTI Act as well as the Commission. The non-compliance of the Commission’s orders has caused obstruction in the administration of justice. In view of the above, inaction on the part of the Respondent is established and therefore, the Commission deems it expedient to direct the Registry of this Bench to issue Show Cause notices under Section 20(1) and 20(2) of the RTI Act, to the CPIO, Delhi Jal Board, O/o Superintending Engineer (E & M), WS II, E-39 Connaught Place, New Delhi-110001, for not participating in the instant hearing and not providing information to the Appellant.
A copy of this order is marked to the FAA who shall ensure that a copy of this order is received by the delinquent CPIO. The FAA is further directed to ensure that under all circumstances, written submissions of the delinquent CPIO should reach the Commission within 30 days from the date of receipt of this order, failing which ex-parte action may be initiated against the delinquent official. The FAA shall inform the Commission the name/names of the CPIO at the relevant time who was/were supposed to comply with the order of the Commission dated 25.08.2022 The non-compliance petition is disposed of.
Copy of the decision be provided free of cost to the parties.
Vinod Kumar Tiwari (विनोद कु मार वििारी
Information Commissioner (सूचना आयु
Date 07-02-2024 Authenticated true copy (अभि्ቚमाभित स्ቓाभित ्ቚभत)
(R K Rao)
Dy. Registrar
011- 26181827 Date