The appellant has sought information under RTI Act by his letter dated 20.10.2006 addressed to DG, Indian Council of Medical Research (ICMR), Delhi requesting for details regarding action taken against erring officials for wrongful recovery of car advance and interest from his leave encashment and medical reimbursement bill. Since the appellant did not receive information from CPIO, he has filed an appeal before the Director General: ICMR on 24.01.2007. After receipt of this appeal, the CPIO sent his reply vide letter dated 21.03.2007 by which he has informed the appellant that there is no bar in recovering the car advance along with interest from his leave encashment since it was the first bill that has been made to him after his voluntary retirement in the year 2002 by the Institute. Again aggrieved with the said decision, the appellant preferred this appeal before the Commission on 12.7.2007. Comments were called for from public authority which was received from CPIO on 19.10.2007. DECISION:
2. I have gone through the RTI request as well as replies furnished by the CPIO. At the outset, I would like to point out the CPIO has taken more than four months in furnishing reply to the appellant. The appellant in his application has not requested for any information as defined under section 2(f) of the Act. He has only asked for the information regarding action taken against erring official for wrong recovery of loan and interest from his leave encashment due. This cannot be taken as an RTI enquiry and CPIO should have rejected the RTI application in the first instance itself. In spite of that the CPIO has provided clarification to the application. I am convinced with the point of the CPIO that no action can be taken against the official for making recovery. As far as the appellant is concerned his application is frivolous and I dismiss the appeal. However, the CPIO has to show- cause why penalty cannot be imposed on him under section 20(1) of the RTI Act for not adhering to time-frame for giving reply to RTI matter. His explanation should reach the Commission within 15 days from the date of receipt of this direction. On the above lines, the appeal is disposed of. Let a copy of this decision be sent to the appellant and CPIO. Sd/- (Padma Balasubramanian) Information Commissioner Authenticated true copy : (Tarun Kumar) Joint Secretary & Addl. Registrar Address of parties :
1. Mr. Joginder Pal, Sr. Administrative Officer & CPIO, Indian Council of Medical Research, V.Ramalingaswami Bhawan, Ansari Nagar, Post Box 4911, New Delhi-110029.
2. The DG & AA, Indian Council of Medical Research, V.Ramalingaswami Bhawan, Ansari Nagar, Post Box 4911, New Delhi-110029.
3. Dr. Ashok K.Gupta, J/12, Giriraj Housing Society, Bijalinagar, Chinchwad, Pune-411033.