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Central Information Commission

Mr (Dr.) Sourav Ghosh vs Damodar Valley Corporation on 16 September, 2019

                                 के न्द्रीय सूचना आयोग
                        Central Information Commission
                             बाबा गंगनाथ मागग, मुननरका
                         Baba Gangnath Marg, Munirka
                            नई दिल्ली, New Delhi - 110067



नितीय अपील संख्या / Second Appeal No. CIC/DVCOR/C/2017/603669


Sourav Ghosh                                             ... निकायतकताग /Complainant


                                       VERSUS
                                        बनाम


CPIO, Damodar Valley                                          ...प्रनतवािी /Respondent
Corporation, Mejia Thermal Power
Station, Bankura, West Bengal.

                                     ORDER

1. A Show-Cause Notice was issued to Shri Ashis Kumar Banerjee, Jt. Director (HR), DVC, Andal on 27.05.2019 in compliance of the Commission's Order No. CIC/DVCOR/C/2017/603669 dated 10.05.2019 for misleading Shri Angshuman Mandal, Joint Secretary and CPIO, DVC, Kolkata which resulted in non- compliance of FAA's Order dated 03.10.2016. Shri Ashis Kumar Banerjee was directed to explain as to why action under Section 20(1) of the RTI Act should not be initiated against him.

Hearing on 08.07.2019:

2. The respondent Shri Ashis Kumar Banerjee, Jt. Director (HR), DVC, Andal attended the hearing through video-conferencing. The CPIO, Shri Angshuman Mandal was not present despite notice.

3. Shri Ashis Kumar Banerjee has submitted his explanation dated 13.06.2019 which has been taken on record.

4. The respondent submitted that, he was neither the custodian of the desired information nor had he had any communication with Shri Angshuman Mandal, Joint Secretary and CPIO, DVC, Kolkata subsequent to the issuance of the FAA's order. Hence, there was no intention to mislead Shri Angshuman Mandal about the same.

Interim Decision:

5. The Commission, after hearing the submissions of the respondent and perusing the records, observes that in view of the respondent's submission, the matter regarding affixing responsibility for non-compliance of the FAA's order mandates the presence of Shri Angshuman Mandal, Joint Secretary and CPIO, DVC, Kolkata. Hence, in the interest of justice, the matter is adjourned to 03.09.2019 at 01.40 PM.

6. The Commission further directs that both Shri Angshuman Mandal, Joint Secretary and CPIO, DVC, Kolkata and Shri Ashish Kumar Banerjee, Jt. Director (HR), DVC, Andal to be present at every hearing till this matter is disposed off.

Hearing on 03.09.2019:

7. The respondent Shri Ashis Kumar Banerjee, Jt. Director (HR), DVC, Andal and Shri Angshuman Mondal, Joint Secretary and CPIO, DVC, Kolkata, attended the hearing through video-conferencing.

8. The respondent Shri Ashish Kumar Banerjee reiterated the submissions made by him during the hearing held on 08.07.2019.

9. The respondent Shri Angshuman Mondal submitted that he as CPIO, DVC, Kolkata was neither the CPIO nor the deemed CPIO in respect of the RTI application dated 04.07.2016. Hence, he had no information/data with regard to the RTI application as the matter pertained to the CPIO, DVC, Mejia Thermal Power Station (MTPS), Bankura. In view of this, any directions with regard to that case could have been addressed to CPIO, DVC, MTPS only. Hence, the FAA had perhaps inadvertently in his order dated 03.10.2016 directed the CPIO, DVC, Kolkata to communicate the decision by sending a copy of the same to the appellant and the PIO, DVC, MTPS. Nonetheless, in compliance with the order, he had informed the appellant vide letter dated 26.10.2016 through registered post. Shri Angshuman Mondal reiterated that to the best of his knowledge, he had sought clarification in this regard from the office of the FAA and hence, he had in the hearing held on 06.05.2019 stated that he had discussed the matter with Shri Ashis Kumar Banerjee. However, it is possible that the issue was discussed with some other person in the Office of FAA. Nonetheless, he tendered his unconditional apology for this lapse and requested the Commission to condone the same.

10. The respondent Shri Ashish Kumar Banerjee agreed with Shri Angshuman Mondal that since the subject matter of the RTI application pertains to the CPIO, DVC, MTPS, it is quite possible that the FAA had inadvertently directed Shri Angshuman Mondal, CPIO, DVC, Kolkata to communicate the decision by sending a copy of the same to the appellant and the PIO, DVC, MTPS within ten days. However, in such a case, Shri Angshuman Mondal should have brought this to the knowledge of the FAA through a written communication.

Decision:

11. The Commission, after hearing the submissions of the respondents and perusing the records, observes that perhaps the FAA had inadvertently directed Shri Angshuman Mondal, CPIO, DVC, Kolkata to communicate the FAA's decision by sending a copy of the same to the appellant and the PIO, DVC, MTPS, Bankura. However, it is quite possible that due to passage of time Shri Angshuman Mondal had thought that he had discussed the matter with Shri Ashis Kumar Banerjee though in fact it could have been with some other person in the Office of FAA. The Commission also observes that in case Shri Angshuman Mondal was of the view the FAA had inadvertently passed an order, he should have brought this to the notice of the FAA by a written communication rather than not communicating the decision of the FAA to the CPIO, DVC, MTPS. In any case he could have complied with the order and communicated the FAA's decision to the CPIO, DVC, MTPS as was done in the case of the appellant. The Commission, however, notes that this merely indicates a lack of seriousness, a lackadaisical approach or lack of application of mind in the matter by Shri Angshuman Mondal, but it cannot be said that the respondent had deliberately or with malafide intent withheld the Page 4 of 6 information. Hence, in the absence of any malafide intention, it would not be appropriate to initiate any action for imposition of penalty on the respondent. In view of this, the Show Cause Notices issued to Shri Ashis Kumar Banerjee, Jt. Director (HR), DVC, Andal and Shri Angshuman Mondal, Joint Secretary and CPIO, DVC, Kolkata are hereby dropped. Nonetheless, the Commission counsels the respondents to be more careful in future so that such lapses do not recur.

12. Copy of the decision be provided free of cost to the parties.

Sd/-

Sudhir Bhargava (सुधीर भागगव) Chief Information Commissioner (मुख्यसूचना आयुक्त) दिनांक / Date 11.09.2019 Authenticated true copy (अनभप्रमानित सत्यानपत प्रनत) S. S. Rohilla (एस. एस. रोनिल्ला) Dy. Registrar (उप-पंजीयक) 011-26186535 / [email protected] Addresses of the parties:

1. The First Appellate Authority (FAA) Damodar Valley Corporation Mejia Thermal Power Station, Durlavpur, Bankura,West Bengal- 722183

2. The Central Public Information Officer (CPIO), Damodar Valley Corporation Mejia Thermal Power Station, Durlavpur, Bankura,West Bengal- 722183.

3. Shri Ashish Banerjee Additional Director (HR & Disciplinary Section) Durgapur Steel Thermal Power Station, DVC Andal, West Bengal

4. Shri Angshuman Mandal, Joint Secretary and CPIO, Damodar Valley Corporation, DVC Toweer, VIP Road, Kolkata-700054

5. Dr. Sourav Ghosh Page 6 of 6