Central Information Commission
Shri S. C. Agrawal vs Ministry Of Home Affairs (Mha). on 16 October, 2008
CENTRAL INFORMATION COMMISSION
Adjunct to Complaint No. CIC/WB/C/2008/00440 dated 5.5.2008
Right to Information Act 2005 - Section 18
Complainant : - Shri S. C. Agrawal
Respondent public authority - Ministry of Home Affairs (MHA).
ORDER:
In our decision of 1-10-08 we had directed as follows:
"With regard to the complaint No CIC/WB/C/2008/00440 appellant Shri Agrawal has still not received an answer with regard to his general question comprised in the application of 19.12.07, addressed to the Ministry of Personnel, Public Grievances & Pension, the CPIO & Dy. Secretary in Home Ministry Shri Abhijit Dey, who have been summoned to appear before us in this hearing, has failed to do so. He will now supply the information sought to appellant Shri Agarwal within ten working days of the date of issue of this Decision Notice.
Shri Abhijit Day, CPIO will besides the above show cause as to why he should not be penalized @ Rs. 250/- per day from the date when the information sought had been referred to him by the DoPT i.e. 14.3.08 till such time as the information is actually supplied, not exceeding Rs. 25,000/- 1 . He will do this either in writing by 10.10.2008 or by personal appearance before us on 16.10.2008 at 10.00 a.m."
Accordingly Shri P.N. Saxena, Deputy Secretary (CS-1) and present CPIO, Ministry of Home Affairs appeared before us on 16-10-08 and presented a written submission of the same date in which he has submitted as follows:
"(i) Shri Abhijit Dey, former Deputy Secretary (CS-1) & CPIO, Ministry of Home Affairs has since retired from Government service.
(ii) It appears that the endorsement to the letter dated 14.3.2008 from Shri P. Prabhakaran, Deputy Secretary & Appellate Authority, DOP&T to Shri Agarwal was not received either by Shri Abhijit Dey or his office in the Ministry of Home Affairs.1
Emphasized by us in special reference to this hearing 1
(iii) Despite best efforts to locate the references mentioned in CIC's order, no paper including the summon to Shri Dey, other than Shri Agrawal's letter dated 5.5.2008 along with its enclosures, could be located in this Ministry.
(iv) It has been found from records that on 10.07.2008, Shri Abhijit Dey forwarded a copy of the appeal of Shri Agarwal to the Joint Secretary (A), Ministry of Railways for necessary action duly mentioning that if the matter does not fall under his jurisdiction, the appeal may be transferred to the CPIO/ Public Authority, who is more closely concerned with the subject. Shri Dey also endorsed a copy of his communication dated 10.07.2008 (copy enclosed) to Shri Agarwal.
(v) It is submitted that as per the Allocation of Business Rules, 1961, the Ministry of Home Affairs is not concerned with the subject of complaints, criminal or otherwise, against Members of the Parliament. The Ministry of Parliamentary Affairs has been allocated the subject "Matters connected with powers, privileges and immunities of Members of Parliament".
(vi) In his letter dated 14.03.2008, Shri P. Prabhakaran, Deputy Secretary & Appellate Authority, DOP&T inter alia stated as under:-
"Apart from the Lok Sabha Sectt., the matter could concern the Ministry of Parliamentary Affairs and the Ministry of Home Affairs. As such, the appeal together with copies of all earlier correspondences, are transferred to them for making available information with which they may be concerned in this matter."
It is obvious from the language of the letter of Shri P. Prabhakaran that he was also not sure whether the subject of the petition should concern MHA or not.
(vii) As regards action under the normal law of the land for misusing the Pass issued by the Railways neither the Ministry of Home Affairs is the concerned Ministry in respect of the matter nor Shri Abhijit Dey, former Deputy Secretary (CS-1), Ministry of Home Affairs was the concerned CPIO. It is humbly submitted that there has been no delay or denial of information by Shri Abhijit Dey, the then CPIO. No reply could be put up by 10.10.2008, as directed, in view of the fact that your communication dated 1.10.2008 has been received in this Department only on 13.10.2008."
2On this ground he has prayed that penalty not be imposed. Copy of the OM of 10-7-08 from CPIO Shri Abhijit Dey, Deputy Secretary, Ministry of Home Affairs addressed to Jt. Secretary (A), Ministry of Railway is also attached with the written submission.
From the above it is clear that Shri Abhijit Dey who has, in any case, retired from service is not liable for penalty. On the other hand Jt. Secretary (A), Ministry of Railway will now report to us, through Shri Pankaj K.P. Shreyaskar, Jt. Registrar, CIC with a copy to the appellant Shri Subhash Chander Agrawal, within 15 days of date of receipt of this decision notice, on the action taken on the OM received by him from Shri Abhijit Dey, DS, MHA, a copy of which is enclosed. A copy of this OM was also endorsed to one Shri Subhash Kumar Agarwal, whereas appellant Shri Subhash Chandra Agrawal does not appear to have received this, since this does not form part of the document submitted by him in his complaint no. WB/C/2008/00440.
(Wajahat Habibullah) Chief Information Commissioner 16-10-2008 Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges prescribed under the Act to the CPIO of this Commission.
(Pankaj K.P. Shreyaskar) Joint Registrar 16-10-2008 3