DATE WITH RTI

Non - compliance of CIC order

Appellant filed RTI application seeking information about the status of Vigilance Enquiry against Shri Balraj for alleged filing of false affidavit and related information. The Respondent submitted that similar matter was heard and adjudicated by the Commission earlier in CIC/DELJB/C/2017/156869 dated 16.05.2019 and that the investigation in the case was completed as on date. On being queried regarding the compliance of the aforementioned order directing the PIO to send a reply afresh to the Complainant within 2 weeks, no satisfactory response was offered by the Respondent. The CIC instructed the Respondent to ensure the compliance of the earlier order pronounced by the CIC and provide a revised reply to the Appellant within a period of 02 weeks from the date of this order under intimation to the CIC failing which penal action u/s 20 (1) of the RTI Act may be initiated.

Comments

This case shows that the Information Commission does possess an independent mechanism to ensure compliance of its own orders. The number of cases where the PIO has not complied with the directions of the CIC is likely to increase in the absence of fear of penalty.

Citation: Shri MadanSain v. PIO, DJB in Second Appeal No. CIC/DELJB/A/2018/131952, Date of Decision: 14.02.2020

Dr. Anuradha Verma (dranuradhaverma@yahoo.co.in) is an expert on RTI matters and has co-authored the books RIGHT TO INFORMATION - LAW AND PRACTICE and PIO’s guide to RTI. Apart from her weekly article here, her other articles can be read at the website of RTI Foundation of India at the link: www.rtifoundationofindia.com

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