TMI Blog2020 (6) TMI 58X X X X Extracts X X X X X X X X Extracts X X X X ..... n is rejected, the CPIO shall communicate the reasons for such rejection. The Hon ble Delhi High Court in the matter of [ J P Aggarwal v. Union of India (WP (C) no. 7232/2009 2011 (8) TMI 1333 - DELHI HIGH COURT ] clearly stated that the PIO acts as the Pivot for enforcing the implementation of the Act. The Commission also observed that as per the provisions of Section 19 (5) of the RTI Act, 2005, in an Appeal proceeding, the onus to prove that a denial of a request was justified shall be on the CPIO. Neither the Respondent present during the hearing nor the CPIO responding to the RTI application, could justify their position as to how the disclosure of information would be in contravention to any of the provisions enshrined unde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... truction issued by the Board. In its reply, the Respondent re-iterated the response of the CPIO/ FAA and stated that the information as sought in the RTI application had been disclosed to the Appellant informing him that the cases filed had been kept in the call book. Regarding the contention of the Appellant pertaining to contradictory response provided on the status of the case, the Respondent admitted that although they had received the board instruction to retrieve the files from the call book for adjudication in January, 2017, the adjudication was subsequently kept on hold since demands confirmed in identical issues had been set aside by the tribunal and the Department had filed appeal against the Tribunal s order in the Hon ble Suprem ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the PIO to whom the application is submitted and it is who is responsible for ensuring that the information as sought is provided to the applicant within the statutory requirements of the Act. Section 5(4) is simply to strengthen the authority of the PIO within the department; if the PIO finds a default by those from whom he has sought information. The PIO is expected to recommend a remedial action to be taken . The RTI Act makes the PIO the pivot for enforcing the implementation of the Act. 8 .The PIO is expected to apply his / her mind, duly analyse the material before him / her and then either disclose the information sought or give grounds for nondisclosure. The Commission also observed that as per the provisions of Sectio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed 24.08.2009 had upheld the view of the CIC and observed that ..The Act as framed, castes obligation upon the CPIOs and fixes responsibility in case there is failure or delay in supply of information. It is the duty of the CPIOs to ensure that the provisions of the Act are fully complied with and in case of default, necessary consequences follow . Furthermore, the Hon ble High Court of Delhi in the matter of R.K. Jain vs Union of India, LPA No. 369/2018, dated 29.08.2018 , held as under: 9 .. That apart, the CPIO being custodian of the information or the documents sought for, is primarily responsible under the scheme of the RTI Act to supply the information and in case of default or dereliction on his part, the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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