Central Information Commission
Ajit Singh vs Ministry Of Micro, Small And Medium ... on 28 February, 2019
Author: Neeraj Kumar Gupta
Bench: Neeraj Kumar Gupta
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीय अपील सं या / Second Appeal No. CIC/GNCTD/A/2017/121218/MMSME
Ajit Singh ... अपीलकता/Appellant
Versus
बनाम
CPIO, M/O. Micro, Small & Medium ... ितवादी/Respondent
Enterprises, Director, MSME
Development Institute, New Delhi.
Relevant dates emerging from the appeal:
RTI : 28-12-2016 FA : 07-02-2017 SA: 29-03-2017
CPIO : No reply. FAO : No Order. Hearing: 26-02-2019
ORDER
1. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), M/O. Micro, Small & Medium Enterprises, Director, MSME Development Institute, New Delhi seeking following information:-
"1. Details of the programmes organized by the MSME Development Institute in the years 2015-16 and 2016-17. Viz. name, registration no., payment details/bank name, account Page 1 of 4 no., IFSC no. etc. of the participating firms/companies/ associations/ NGOs.
2. Details of the funds spent by the Director, MSME Development Institute, New Delhi on office expenses, TA, medical expenses, SENET expenses etc. viz. details of the spent amount, total funds, name of the funding institutions, address/contact details, IFSC/MICR code, account nos. etc.
3. Details of the services rendered by their faculties in various programmes."
2. As the CPIO had not provided the requested information within a period of 30 days, the appellant filed the first appeal dated 07-02-2017 requesting that now the information should be provided to him. As the first appellate authority did not give him any reply, he filed a second appeal u/Section 19(3) of the RTI Act before the Commission on this ground and requested the Commission to take appropriate legal action against the CPIO u/Section 20 of the RTI Act. Hearing:
3. The appellant, Mr. Ajit Singh participated in the hearing in person. Mr. Harpal Singh, AD (IMT) participated in the hearing representing the respondent in person. The written submissions are taken on record.
4. The appellant admitted that he has assumed charge as the CPIO w.e.f. 01.05.2018. He further admitted that the information sought by him has not been compiled due to non-cooperation from the deemed CPIO(s) including himself, wherein, he is to furnish information about the five programmes organized by him.
He also agreed to make the information on these five programmes to be available in the records of the public authority, within 7 days from the date of receipt of this order.
5. The respondent informed the Commission that the appellant himself is the CPIO in this case and he is seeking information which was to be collected by him as the CPIO of the public authority since the time he held charge of the RTI matters i.e. from 01.05.2018 till date. Mr. Harpal Singh, AD (IMT) also apprised the Commission that he had worked as the CPIO from 08.03.2016 to 31.03.2017. Thereafter, Mr. Karun Kumar, AD (IMT) had taken charge of the CPIO from 31.03.2017. Later on, Mr. M S Teotia, AD (IMT) joined as the CPIO and after his retirement, Mr. Kuldeep Kumar, AD (Admin)/DDO held charge of the RTI application up to 01.05.2018. He further stated that Mr. Vijay Kumar, Director, MSME Development Institute, New Delhi is their controlling officer who is Page 2 of 4 responsible for directing the CPIO and the deemed CPIOs, who are their sub- ordinate officers, to make available the information relating to various programmes organized by the institute in public domain. Present CPIO himself has not furnished the information relating to the five programme and the deemed CPIOs are also not furnishing information to cooperate and meet the requirements of the RTI Act, 2005.
Decision:
6. This Commission observed that the present CPIO (who is also the appellant in this case) has admitted that the deemed CPIOs are not assisting him in compiling the information. The present CPIO has also admitted his failure in providing the information about the programmes which were organized by him as an official. In this regard, he regretted for his mistake and has thus, assured the Commission to make it available in response to the RTI application, within a period of seven (7) days from the date of receipt of this order. Further, it is observed that the information about the programmes organized by the MSME Development Institute in the years 2015-16 and 2016-17 should be provided by all concerned in response to the RTI application, after redacting the personal details of the third party(s) such as details of bank accounts, IFSC/MICR nos. etc., within 15 days from the date of receipt of this order. For collating this information, Mr. Vijay Kumar, Director, MSME Development Institute, New Delhi is treated as the 'deemed CPIO' who shall ensure prompt availability of the information, action taken by him for not furnishing the sought information in time and also furnish name(s)/designation(s) of all the concerned officials/officers/CPIO(s)/ deemed CPIO(s) who have obstructed the free flow of information. Hence, the concerned CPIO(s), present CPIO and all the deemed CPIOs responsible for contravening the provisions of the RTI Act, 2005 are hereby directed to show cause as to why penalty should not be imposed on them for clogging the supply of information to the deserving and genuine RTI applicant(s), besides preventing the officers from performing their general duties attached to their office under the RTI Act, 2005, within 15 days from the date of receipt of this order.
7. With the above observations, the matter is adjourned.
8. The Deputy Registrar is directed to fix a hearing in the matter for compliance after 15 days.Page 3 of 4
9. Copy of the decision be provided free of cost to the parties.
नीरज कु मार गु ा) Neeraj Kumar Gupta (नीरज ा सूचना आयु ) Information Commissioner (सू दनांक / Date 26.02.2019 Authenticated true copy (अिभ मािणत स यािपत ित) S. C. Sharma (एस. सी. शमा), Dy. Registrar (उप-पंजीयक), (011-26105682) Addresses of the parties:
1. The CPIO M/O. Micro, Small & Medium Enterprises, Director, MSME Development Institute, Shaheed Captain Gaur Marg, Okhla Industrial Area, Okhla, New Delhi-110020.
2. Ajit Singh Page 4 of 4