B. Prem Sharma v. Appellate Authority

The decision of the CIC was given by:

Satyananda Mishra, CIC

Shri B. Prem Sharma of Manipur has complained to the Central Information Commission that he received no reply/information from the Branch Manager/Central Public Information Officer although he had filed his RTI-application on 28 October 2010. A copy each of the RTI-application and the complaint are enclosed for ready reference.

2. It is noted that the Complainant did not have an opportunity to go to the Appellate Authority and has directly approached the Commission with his complaint. In exercise of powers vested under Section 18(1) of the Right to Information (RTI) Act, we direct the Appellate Authority to enquire into the allegations made by the Complainant and after giving him an opportunity of hearing, to pass an appropriate order with a view to ensuring that the desired information is provided to the Complainant without any further loss of time.

3. We also direct the Appellate Authority to obtain the explanation of the Branch Manager/CPIO in writing for not providing the information in time and to forward the same to us along with his comments before 3 February 2011. We will decide on the imposition of penalty on the Branch Manager/CPIO in terms of Section 20(1) of the Right to Information (RTI) Act thereafter.

4. In case the Complainant is not satisfied with the orders of the Appellate Authority, he is free to approach this Commission again in second appeal.

5. The Commission ordered accordingly.