File No. CIC/AD/A/2011/000833. Case: Dr. Shashi Prabha Kailash Deputy Director (AR) Vs The Public Information Officer. Competition Commision of India

Case NumberFile No. CIC/AD/A/2011/000833
JudgesAnnapurna Dixit, I.C.
IssueRight to Information Act
Judgement DateJuly 07, 2011
CourtCompetition Commision of India

Court Information Competition Commision of India
Judgment Date 07-Jul-2011
Party Details Dr. Shashi Prabha Kailash Deputy Director (AR) Vs The Public Information Officer
Case No File No. CIC/AD/A/2011/000833
Judges Annapurna Dixit, I.C.
Acts Right to Information Act

Decision:

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Background

1. The decision in the captioned order is reproduced below:

3. During the hearing, the Respondents handed over to the Appellant in the presence of the undersigned, the action taken reports and copies of memos sought by the Appellant against points 6, 7, 8, 12 and 13.

4. With regard to points 2 and 5, the Appellant submitted that the information provided is incorrect since she is aware of the fact that the representation from SC/ST association has been received by DG:AIR. She produced documentary evidence to this effect before the Commission. The Respondents submitted that they are from the Audience Research Unit and that the representations have not been received by them from DG:AIR and that the Appellant has already been informed about this.

5. The Commission after hearing the submissions of both sides is of the view that the PIO DG:AIR should be given an opportunity to present his point of view before the Commission while giving reasons as to why a penalty should not be imposed upon him for not replying in time to the RTI application.

6. The case is therefore adjourned till 7th July 2011, 10.30 am when another hearing will be held in the chamber of the Information Commissioner, Mrs. Annapurna Dixit on the matter. The PIO, DG:AIR to be present along with the information and also with the explanation in response to the show cause notice.

Decision

2. In response to the decision, the Commission received a letter from Shri K.K. Sundaram, Director(I/C), AR stating as follows:

'Smt. Shashi Prabha Kailash vide her application dt.10.11.10 has sought information against 14 points including the copies of the representations receive, if any, based on which her transfer order was issued. Station Director, AIR, New Delhi was directed to provide information pertaining to 6, 7, 8, 9, 12 & 13 to Smt. Shashi Prabha Kailash directly and the reply to the rest of the points were furnished by this Directorate. Smt. Shashi Prabha Kailash had approached the CIC with the plea that the information furnished by this Directorate against points 2 and 5 of the application is incorrect...

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