Central Information Commission
Pravin Kumar Sharma vs National Thermal Power Corporation ... on 2 August, 2022
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/NTPCO/C/2021/630909
Pravin Kumar Sharma ....िशकायतकता /Complainant
VERSUS
बनाम
CPIO,
NTPC Limited, RTI Cell,
Engineering Office Complex,
R & D Building, Room No. 25,
Sector - 24, Noida - 201301,
Uttar Pradesh. .... ितवादीगण /Respondent
Date of Hearing : 28/07/2022
Date of Decision : 28/07/2022
INFORMATION COMMISSIONER : Saroj Punhani
Relevant facts emerging from complaint:
RTI application filed on : 08/04/2021
CPIO replied on : 29/06/2021
First appeal filed on : Not on record
First Appellate Authority's order : Not on record
2nd Appeal/Complaint dated : 16/07/2021
Information sought:
The Complainant filed an RTI application dated 08.04.2021 seeking the following information:1
Having received a response dated 29.06.2021 which was found to be related to some other RTI Application of his, the complainant filed a Complaint to the Commission alleging that the CPIO Relevant Facts emerging during Hearing:
The following were present:-
Complainant: Not present.
Respondent: Shantimoy Nandan, Additional General Manager & CPIO present through intra-video conference.
The CPIO submitted that a proper reply to the instant RTI Application was provided on 16.07.2021 and reiterated his written submissions sent prior to the hearing stating as under:
"While uploading the reply on RTI portal, a reply to different RTI No. 17140 by the same applicant of the very next date ie 09/04/2021 under online Registration No. NTPCO/R/E//21/00323 which was replied on 29.06.2021 was inadvertently uploaded on 30.06.2021. The Complainant is trying to mislead the Hon'ble Commission by highlighting the inadvertently wrong online upload and hiding the fact that the information was furnished to him vide speed post and then by FAA as mentioned above. But the fact remains that though it was an inadvertent clerical mistake and the RTI portal does not provide for editing or re- uploading, the information was furnished to him.
It may not be out of place to mention that CPIO is neither competent to remove any online RTI application from RTI portal nor can tamper with or remove the RTI Application as alleged by the Complainant.2
The allegation of Complainant regarding CPIO is baseless and utterly incorrect and is biased.
In NTPC, there are 40 odd thermal Projects,3 Hydel Projects, coal mining division, renewable energy division and several other subsidiaries. CPIO Sh Shantimoy Nandan is the only nodal point which replies to all RTI's related to NTPC. The Complainant is neither known to CPIO nor has worked in his division. Hence, the allegation on CPIO having malafide intention is baseless. Moreover, it is to be noted that being an employee of NTPC, the appellant is having an access of mobile number and email id of all people working in RTI Cell. If he was having logical and reasoning mind, he could have easily contacted to any one in RTI Cell and get the error rectified. Instead, the Complainant preferred CIC Complaint engaging the precious time of CIC and with a malafide intention of harassing the RTI Officials of NTPC.
It is pertinent to mention that the Appellant is an aggrieved employee of NTPC related to his performance and is abusing the RTI platform for the promotion of his personal interest and is trying to question the decision of the superior officers in the garb of seeking information. Such employees have access to internal mechanism for the redressal of their grievances which he could have easily resorted to. Hon'ble CIC in KC Vijayakumaran Nair vs Department of Posts dtd 14.06.2007 has clearly spelt out the following:
'The information seeker being an employee of the Respondent is a part of the information provider. They ought to exercise restraints in misusing the Act, lest they should dilute the mandate of the RTI Act to empower the common man'.
Nonetheless, the CPIO NTPC apologizes the inadvertent mistake done by CPIO secretariat while uploading the reply. Any inconvenience is deeply regretted.
In view of above submission, Hon'ble CIC is kindly requested to drop the Complaint."
Decision The Commission based on a perusal of the facts on record observes that the CPIO has adequately explained the omission on their part in having uploaded an 3 irrelevant reply to the instant RTI Application and the material on record does not suggest any malafides in the CPIO's conduct. In view of this and in the absence of the Complainant to plead his case or contest the CPIO's submissions, no action is warranted in the matter.
The Complaint is disposed of accordingly.
Saroj Punhani(सरोजपुनहािन) Information Commissioner (सू 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