CIC lets off MHA official who didn't furnish info in 10 months

Business Standard: New Delhi: Monday, 14 July 2014.

In a strange step, the Central Information Commission has dropped penalty proceedings against a Home ministry official who did not furnish any information to an applicant even after 10 months of filing of RTI.

According to the RTI Act, if the information is not furnished within a month of filing the application, without giving any reasonable cause, CIC is bound to impose a penalty of Rs 250 per day on the officer concerned from the date information became due till the date when it was furnished to the applicant.

Various high courts have said in their orders that it is mandatory for CIC to impose penalty on the CPIO when information is not provided without giving any reason.

The case pertains to an information sought from Home Ministry on the Bhandara rape and murder case. No reply was furnished to the applicant even after 10 months without giving any reasons.

During the hearing arising out of complaint filed by the applicant, Information Commissioner Vijai Sharma issued a show cause notice to the Central Public Information Officer after concluding that Ministry officials did not respond to the RTI application and they had "contravened" the legal provisions.

But six-months after the hearing, Deputy Registrar V K Sharma in the office of the Information Commissioner sent a communique saying response of the CPIO has been accepted and show cause notice has been dropped.

An E-mail seeking his reaction and reasons for dropping the proceeding from the Deputy Registrar remained unanswered.

When contacted former Chief Information Commissioner A N Tiwari told PTI over phone: "Cases where CPIO does not provide any information, CIC has no option but to impose penalty. The CPIO cannot remain quiet over an application. If there is no information available, applicant must be informed else penalty becomes inevitable.