Central Information Commission
Rajeev Bhardwak vs Falta Special Economic Zone on 22 December, 2021
Author: Saroj Punhani
Bench: Saroj Punhani
के ीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमाग, मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
File No : CIC/FSEZO/C/2020/669368
Rajeev Bhardwaj ....िशकायतकता/Complainant
VERSUS
बनाम
CPIO,
Falta Special Economic Zone,
RTI Cell, 2nd MSO Building 4th Floor,
Nizam Place, 234/4, AJC Bose Road,
Kolkata - 700020. .... ितवादीगण/Respondent
Date of Hearing : 22/12/2021
Date of Decision : 22/12/2021
INFORMATION COMMISSIONER : Saroj Punhani
Relevant facts emerging from complaint:
RTI application filed on : 23/09/2018
CPIO replied on : 23/04/2020
First appeal filed on : 29/10/2018
First Appellate Authority's order : 23/04/2020
2nd Appeal/Complaint dated : 30/04/2020
Information sought:
The Complainant filed an RTI application dated 23.09.2018 seeking the following information exemption of Custom Duty, Counter Vailing Duty, and Special Duty on Solar PV Module manufactured at FALTA SEZ West Bengal and sold in local Domestic Market. In this regard, provide the information;1
1. For Exemption of Basic Custom Duty - vide C. B. E. & C Notification No. 12/2012-Cus
2. For Exemption of Counter Vailing Duty - C. B. E. & C Notification No. 12/2012-CE
3. For Exemption of Additional Duty - vide C. B. E. & C Notification No. 45/2005 Having not received any response from the CPIO, the complainant filed a First Appeal dated 29.10.2018.
The CPIO replied to the complainant on 23.04.2020 stating as follows:-
"As you know, the country is under great shock on COVID19 and offices could not resume its normal functioning. You are therefore request kindly submit your RTI application afresh on re-instate of our Nation from the present adverse situation.
This undersigned has just resumed the charge."
In regard to his first appeal, FAA's order dated 23.04.2020 upheld the CPIO reply. Feeling aggrieved and dissatisfied, the complainant approached the Commission with the instant Complaint.
Relevant Facts emerging during Hearing:
The following were present:-
Complainant: Present through audio conference. Respondent: Lakshmi Kanta Halder, Dy. Development Commissioner & CPIO present through audio conference.
The Complainant stated that he has received the complete information yesterday wherein the CPIO has also unconditionally apologised for their omissions.
The CPIO relied on his written submissions sent prior to the hearing vide letter dated 18.12.2021, contents of which is reproduced hereunder:2
i. "I also like to state for kind consideration of the Hon'ble CIC that I joined this Office of Falta Special Economic Zone (FSEZ) only on February, 2020 on deputation basis from the Department of Administrative Reforms and Public Grievances (DARPG) and I had been given assignment of CPIO/Nodal CPIO on 20.02.2020 for FSEZ and other 16 SEZs under FSEZ.
ii. By the time, it was found that the online RTI Portal was not in operation due to some technical glitch etc. All RTI applications were being replied appropriately and timely as and when received in hard copy. Thereafter, I personally initiated and made several discussion with the competent authority and took up the matter with the DOP&T and re-instated the RTI online system in operation.
iii. During the course of the time, the COVID 19 pandemic had been gulping the whole World and India as well. As our Office was falling under the quarantine zone, not only our Office, all the Offices under the quarantine zone remained closed for long time. However, our Office had to be kept open partially, with least skeletal staff strength despite acute shortage of manpower [presently this Office is working only with 30% strength of Officers/Officials i.e. 43 against total strength of 141] for upkeeping the operations of the Falta Special Economic Zone(FSEZ) including 16 other State Government/Private Special Economic Zones in 12 States of West Bengal, Odisha, Jharkhand, Bihar, Assam, Sikkim, Tripura, Meghalaya, Nagaland, Manipur, Mizoram and Arunachal Pradesh under the jurisdiction of the FSEZ.
iv. Our country was under great shock on COVID19 and has not yet overcome it fully. During the said period, a least number of RTI Applications/Appeals were inadvertently and unwillingly reforwarded to the applicants citing the Nation's adverse situation with humble request to resubmit their RTI Application afresh on re-instate of our Nation from the adverse situation. Shri Rajeev Bhadrak's RTI Appeal is one of those reworded RTI Appeal.
v. While this Office was fighting to cope with Government of India Targeted Export business during the course of time and none of the RTI applicants have resubmitted their applications, reconsideration of the reforwarded of RTI Application/Appeals was overlooked inadvertently and unwillingly. I again sincerely beg apology for the omission..."3
Decision The Commission takes grave exception to the baffling facts submitted by the CPIO in the instant case with respect to the inoperative RTI online portal and subsequent advice to the Complainant to refile the RTI Application, both of which is in grave violation of the provisions of the RTI Act and amounts to causing obstruction to the Complainant's right to information.
The Commission severely admonishes the CPIO for mindlessly returning the RTI Application to the Complainant after almost two years of keeping it pending by his office.
Nonetheless, considering the detailed apology tendered by the CPIO among other facts and that he assumed the charge only in the year 2020, the Commission is taking a lenient view in the matter and condoning the gross failure of the Respondent office in upholding the letter and spirit of the RTI Act.
The CPIO is strictly warned to ensure against any such violation of the provisions of the RTI Act in the future and to take a stock of all the pending online/offline RTI Application(s) and dispose the same expeditiously strictly as per the provisions of the RTI Act.
The Complaint is disposed of accordingly.
Saroj Punhani(सरोजपुनहािन) Information Commissioner (सूचनाआयु ) Authenticated true copy (अिभ मािणतस यािपत ित) (C.A. Joseph) Dy. Registrar 011-26179548/ [email protected] सी. ए. जोसेफ,उप-पंजीयक दनांक / Date 4