Deliberate denial of information relating to House Building advance

The appellant had filed an application in respect of rebate on House Building advance to him which was kept in abeyance since July 2017. He sought to know why the rebate was not granted by respected Regional Director of Education and the current status of his case. The PIO informed that the file regarding House Building Advance was returned to the Office of DDE (HQ). The CIC noted that information sought was not provided by the respondent till the date of hearing. The CIC observed that the custodian of information i.e. PIO, Directorate of Education (HQ), did not appear before the Commission despite knowing the fact that the matter pertained to them and notices were issued to them. Thus, prima facie it appears that the information sought was deliberately withhold by the PIO, Directorate of Education (HQ), New Delhi. The CIC issued show caused to Shri Rajesh Joshi (DDE), HQ, /present PIO and Shri Devender Mohan, PIO (Zone-18), District West -B, to explain as to why maximum penalty under section 20 (1) of the RTI Act should not be imposed upon each of them for not providing the information to the appellant and also why compensation equal to the amount involved in the case should be awarded to the appellant. Both the PIOs were directed to submit their written explanations and also appear on the next date of hearing.

Comments

All PIO’s should keep a special track of files under submission if the information sought pertains to such files as it might be difficult to pinpoint as to who is the holder of information. Whenever a case is coming up for hearing, the PIO should invariably attend the hearing or seek specific exemption citing the reasons.

Citation: Yatendra Pal v. Directorate of Education, CIC/DIRED/A/2023/650684; Date of Decision: 20.02.2025

Dr Anuradha Verma (dranuradhaverma@yahoo.co.in) is a RTI Consultant currently working with IIM Vishakhapatnam. She has co-authored the books PIO’s Guide to RTI and Right to Information – Law and Practice. Her weekly article is being published since 2008 on this site. She offers consultancy on RTI matters and third party audit to individuals / organisations. Her other articles can be read at the website of RTI Foundation at the link https://www.rtifoundationofindia.com