RTI Corner

The appellant sought information regarding the name and address of the Employee’s Insurance Court. The PIO did not provided reply timely leading to issue of the show cause notice why maximum penalty should not be imposed against him for not furnishing the information within prescribed timelines. After going through the explanation of the PIO, the CIC noted that the RTI application was transferred after 16 days delay excluding the five days mandate as specified under the RTI Act. The CIC noted that information was provided by PIO after 67 days from the date of receiving the RTI application. The CIC imposed a penalty of Rs. 16,750/- on the PIO and directed to recover the amount from the salary payable to the PIO.
Comments
There is a prescribed timeline of 5 days for the transfer of RTI application which should be adhered to by the PIO.
Citation: : Shambhu Prasad v. PIO, ESIC in CIC/ESICO/A/2017/130089, Date of Decision - 2.5.2018
Dr. Anuradha Verma (dranuradhaverma@yahoo.co.in) is the co-author of the books: RIGHT TO INFORMATION – LAW AND PRACTICand PIO’s guide to RTI. Her other articles can be read at the website of RTI Foundation of India at - http://www.rtifoundationofindia.com/

The appellant filed an appeal to the CIC claiming that information on point no 2. of his applicantion regarding incoming call details of his number for a particular period has not been provided to him by the BSNL. He stated that the respondent has asked his identity proof by stating that, ‘information can only be given if the appellant will submit his identity proof’. The appellant stated that there is no provision under the RTI Act to ask for the appellant’s identity proof to give information. The respondent submitted that there is a cutting on point no. 2 of the RTI application of the appellant and it was presumed that the appellant does not want information in respect of the same. The appellant stated that he has not made any cutting on his RTI application and made an allegation against a Clerk for the cuttings in his RTI application. The CIC held that the respondent should give information to the appellant on point no. 2 of his RTI application regarding incoming and outgoing calls. The CIC directed the respondent to conduct an enquiry in the matter regarding tampering with the RTI application in consultation with the appellant and give a report to the Commission.
Comments
Allegation of tampering with the RTI Application is serious issue which may lead to imposition of penalty for obstructing free flow of information.
Citation: Sh. Narendra Bhansali v. Bharat Sanchar Nigam Ltd. in Appeal No. CIC/BSNLD/A/2017/118096, Dated of Decision: 01.05.2018
Dr. Anuradha Verma (dranuradhaverma@yahoo.co.in) is the co-author of the books: RIGHT TO INFORMATION – LAW AND PRACTICand PIO’s guide to RTI. Her other articles can be read at the website of RTI Foundation of India at - http://www.rtifoundationofindia.com/