Central Information Commission
Amarpal Singh vs Forensic Science Laboratory on 12 June, 2024
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
File No : CIC/FOSCL/A/2023/103142
CIC/FOSCL/A/2023/102955
AMARPAL SINGH .....अपीलकर्ाग /Appellant
VERSUS
बनाम
PIO,
Forensic Science Laboratory,
GNCTD, Sector 14, Rohini,
Delhi - 110085 ....प्रनर्वािीगण /Respondent
Date of Hearing : 04-06-2024
Date of Decision : 11-06-2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
The abovementioned Appeals have been clubbed together for decision as
these are based on identical RTI Applications of the same Appellant.
Relevant facts emerging from appeals:
RTI applications filed on : 22-08-2022
CPIO replied on : 22-09-2022
First appeals filed on : 06-10-2022
First Appellate Authority's order : 03-11-2022
2nd Appeals/Complaint dated : 12-01-2023
1
CIC/FOSCL/A/2023/103142
Information sought:
The Appellant filed an RTI application dated 22.08.2022 seeking the following information:
"1. kindly provide me certified copies of notings and correspondence copies of the files pertaining to purchase of Video Measurement Set (VM 700T) & TG-700 from Tektronix (India) Pvt Ltd.
2. kindly provide me certified copies of logs books of the Instruments VM 700T and TG 700. I will pay the extra fee required for the photocopies of the certified copies."
The CPIO furnished a reply to the Appellant on 22.09.2022 stating as under:
"It is to inform you that, we haven't received the proper reply from concerned division, therefore, we are unable to provide the information at present."
Being dissatisfied, the appellant filed a First Appeal dated 06.10.2022. The FAA vide its order dated 03.11.2022 directed the PIO to reconsider the RTI application of the applicant as per RTI Act, 2005 and accordingly provide the information to the applicant.
In compliance with the FAA's Order, the CPIO vide letter dated 24.11.2022 replied as under:
"It is to inform you that, the desired correspondence/file is not traceable in the concerned division, therefore, we are unable to provide the information at present, you will be replied as soon as the correspondence/file will be available."
CIC/FOSCL/A/2023/102955 Information sought:
The Appellant filed an RTI application dated 22.08.2022 seeking the following information:2
"1. please provide me certified copies of notings & correspondence of the file pertaining to purchase of UFED physical pro-ruggedized Kit (File no F.3(21)/FSL/Pur/2009).
2. please provide me certified copies of notings and correspondence of the file pertaining to the purchase of High-speed Forensic workstation F.3(34)/FSL/Pur/2009.
3. please provide me certified copies of notings and correspondence of the file related to the purchase of 06 UFED with cloud analyzers in the year 2021 for Computer Forensic division of FSL Delhi.
4. please provide me certified copies of logbooks related to above instruments."
The CPIO furnished a reply to the Appellant on 22.09.2022 stating as under:
"It is to inform you that, we haven't received the proper reply from concerned division, therefore, we are unable to provide the information at present."
Being dissatisfied, the appellant filed a First Appeal dated 06.10.2022. The FAA vide its order dated 03.11.2022 directed the PIO to reconsider the RTI application of the applicant as per RTI Act, 2005 and provide the information to the applicant.
In compliance with the FAA's Order, the CPIO vide letter dated 24.11.2022 replied as under:
"It is to inform you that, the desired correspondence/file is not traceable in the concerned division, therefore, we are unable to provide the information at present, you will be replied as soon as the correspondence/file will be available."
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant set of Second Appeals.
Relevant Facts emerged during Hearing on 22-02-2024:
The following were present: -
Appellant: Present in person.3
Respondent: Dr. S. K. Paul, S.S.O. and PIO present in person.
The Commission has passed the following observations and directions on 27.02.2024:
"At the outset, the Commission observes from a perusal of records that the instant RTI Application has been casually handled by the Respondent which is not in the spirit of RTI Act. The plea of the Respondent with respect to facilitating the requested information to the Appellant upon receipt of the same from their concerned wing and on the other hand, his claim for denial for information during the hearing under Section 8(1)(d) of the RTI Act appears to be contradictory in nature and cryptic because no explanation has been offered for invoking exemption clause. Moreover, the Respondent even after receipt of hearing notice of the Commission did not even bother to gather the information as sought for by their Purchase Division now. Here, it is also noteworthy that the then CPIO at the first instance should have applied his mind and should have invoked Section 5(4) of the RTI Act for seeking the assistance of the concerned record holder in order to render due assistance to the RTI Applicant instead of giving vague assurance to furnish information at a later stage. The conduct of the Respondent causes unwarranted obstruction to the Appellant's right to information which is in violation to the provisions of the RTI Act.
The Commission takes a serious view of this lapse and hence, the present PIO, Mr. S. K. Paul, S.S.O. along with deemed PIO (custodian of the information) are show caused as to why maximum penalty under Section 20 (1) of the RTI Act should not be imposed on them. The written explanations of both the PIOs must reach the Commission by uploading it on http://dsscic.nic.in/online-link- paper-compliance/add within three weeks from the date of receipt of this order.
Meanwhile, the Respondent is directed to provide a point-wise reply along with relevant information against each RTI Application to the Appellant by accessing the same from the actual custodian by invoking Section 5(4) of the RTI Act, within three weeks of receipt of this order. First Appellate Authority to ensure compliance of this direction."4
Relevant Facts emerging during Show-Cause Hearing on 04.06.2024:
Appellant: Present in person.
Respondent: Dr. S K Paul, SSO & PIO present in person.
The Appellant submitted that till date complete and correct information has not been provided to him by the Respondent on his above-mentioned RTI applications despite order from the Commission on 27.02.2024. The Appellant further submitted that the reply given by the Respondent vide letter dated 12.04.2024 in compliance to Commission's order dated 27.02.2024, is incomplete and misleading. He stated that certified copy of information on point No. 2 has not been provided to him by the Respondent. Further, legible copies of information/logbook was not provided to him. He stated that photocopy of the documents was not done properly by the Respondent officials. He stated that penalty should be imposed on the erring officials for non-compliance of Commission's directions.
The written explanation dated 09.04.2024 of Shri S K Paul, PIO, FSL is taken on record and the same is reproduced hereinbelow:
"2 In this regard, it is submitted that the undersigned being PIO, FSL, Delhi, had sought the requisite information from the concerned division vide internal letter dated 26.08.2022 & 12.09.2022 (copy enclosed) as per section 5(4) of the RTI Act, 2005 and tendered the requisite reply to the applicant on the basis of the records available with him accordingly within the stipulated time under RTI Act, 2005. Subsequently, in compliance of FAA order, requisite information were again sought from the concerned division vide internal letters dated 10.11.2022 (copy enclosed) and the requisite reply was tendered to the applicant within the stipulated time period as RTI Act, 2005.
3 In compliance of Hon'ble Information Commission's instant order requisite information once again was sought from the concerned divisions vide internal letter dated 08.03.2024, 14.03.2024 and 05.04.2024 (copy enclosed). In response, APIO (Physics, Audio-Video) has furnished the copy of relevant pages of the logbook of the concerned instruments (copy enclosed) w.r.f query net2 of RTI application vide no. FSLAB/R/2022/60049 and CFD division stated that the forensic workstations installed 5 In the Division are generally equipped with inbuilt software and other forensic tools for retrieval of digital data from the submitted digital exhibits. The forensic workstations are assigned to each reporting officer individually for their day to day case examination work with respect to the query No. 04 of the RTI application vide no. FSLAB/R/2022/60050. But, the copies of noting and correspondence of the requisite files with respect to queries No. 1 of RTI application vide no. FSLAB/R/2022/60049 and queries no. 1 to 3 of the RTI application vide no. FSLAB/R/2022/60050 have not been received to the undersigned till date.
4. In view of the above, it is submitted that there is no intentional delay/violation of the RTI Act, 2005. Further, it is humble request that the undersigned being PIO, FSL, Delhi always abide with the rules and regulations issued by the Govt. from time to time and honor the instructions / directions issued by concerned higher authorities ie. honorable CIC etc. to tender the requisite reply to the applicant within the stipulated time under the spirit of RTI Act. Therefore, it is requested to kindly accept the submission of undersigned."
The written explanations dated 03.06.2024 of Shri S K Paul, PIO, FSL is taken on record and the same is reproduced hereinbelow:
"In this regard, it is submitted that the undersigned being PIO, FSL., Delhi, had sought the requisite information from the concerned division vide internal letters dated 26.08.2022 (Annexure -1), dt. 12.09.2022 (Annexure-2) and dt.21.09.2022 (Annexure-3) as per section 5(4) of the RTI Act, 2005 and tendered the requisite reply to the applicant on the basis of the records available with him accordingly within the stipulated time under RII Act, 2005. Subsequently, in compliance of FAA order, requisite information were again sought from the concerned division vide internal letters dated 10.11.2022 (Annexure-4) and the requisite reply was tendered to the applicant within the stipulated time period as per RTI Act, 2005.
In compliance of Hon'ble CIC order, requisite information were again sought from the concerned division vide internal letters dated 08.03.2024 (Annexure-
5), dt.14.03.2024 (Annexure-6), dt.05.04.2021 (Annexure-7), dt 25.04.2024 (Annexure-8), dt 30.05.2021 (Annexure-9) and dt.03.06.2024 (Annexure-10) In response to the above mentioned internal letters, APIO (Physics, Audio- Video) has furnished the copy of relevant pages of the logbook of the concerned instruments w.rt query no.2 of RII application vide no.
ESLAB/R/2022/60049 and Cyber Forensic Division stated that the forensic workstations installed in the Division are generally equipped with inbuilt software and other forensic tools for retrieval of digital data from the 6 submitted digital exhibits, The forensic workstations are assigned to each reporting officer individually for their day to day case examination work with respect to the query No. 04 of the R11 application vide no. FSLAB/R/2022/60050 But, the copies of noting and correspondence of the requisite files with respect to queries No I of RII application vide no. FSLAB/R/2022/60049 and queries no. 1 to 3 of the RTI application vide no. FSLAB/R/2022/60050 has not been received to the undersigned till date.
5 The Public Information Officer (PIO) is responsible for dealing with requests from persons seeking information and rendering reasonable assistance to the persons seeking such information. Being a PIO, the RTI section has compiled all the information as provided by the APIO/Custodian of the information and provides all available information to the applicant in a time bound manner under RTI Act, 2005.
In view of the above, it is submitted that there is no intentional delay/violation of the RTI Act, 2005. Further, it is humble request that the undersigned being PIO, FSI.. Delhi always abide with the rules and regulations issued by the Govt. from time to time and honor the instructions/directions issued by concerned higher authorities honorable CIC etc. to tender the requisite reply to the applicant within the stipulated time under the spirit of RTI Act. Therefore, it is requested to kindly accept the submission of undersigned."
Reply dated 12.04.2024 of the Respondent in compliance of Commission's directions is reproduced hereinbelow:
"CIC/FOSCL/A/2023/103142
1. Relevant copies will be provided, after obtaining the file from the concerned division/branch. It is requested you to give us 15 days more to give proper reply.
2. It is to inform that copy of the requisite documents of received from Physics; A/V 700T Division has been enclosed herewith. (Total page-23) CIC/FOSCL/A/2023/102955 7
1. Relevant copies will be provided, after obtaining the file from the concerned division/branch. It is requested you to give us 15 days more to give proper reply.
2., 3., 4. CFD division furnished that the forensic workstations installed in the division are generally equipped with inbuilt software and other forensic tools for retrieval of digital data from the submitted digital exhibits. The forensic workstations are assigned to each reporting officer individually for their day to day case examination work."
Upon being queried by the Commission regarding non-furnishing of complete information to the Appellant, the Respondent submitted that the information sought with Purchase Branch-I has already been provided to the Appellant and no other information is available in their records. Further, he has sought comments/information from Purchase Branch-II, Physics Division (Audio-Video) and DH (CFD) vide letters dated 26.08.2022, 12.09.2022, 21.09.2022, 10.11.2022, 08.03.2024, 14.03.2024, 05.04.2024, 25.04.2024, 30.05.2024, 03.06.2024 but satisfactory and complete information was not received from them.
Upon being queried, the Respondent submitted that Shri Yogesh Pandey, PO-II, Dr. C P Singh, AD (Physics), Shri Kailash Kumar, Jr. F/ACE(CFD) are the concerned officials and Shri K C Varshney is the First Appellate Authority.
Decision:
Perusal of the documents submitted by the Respondent reveals that till date complete and correct information has not been provided to the Appellant on his above-mentioned RTI applications. Even after specific directions of the Commission, requisite documents were not provided to him. The Commission further directs that the deemed PIO (custodian of the information) are show caused as to why maximum penalty under Section 20 (1) of the RTI Act should not be imposed on them. But there is nothing on record to show that any explanation was offered by the deemed PIO (custodian of record).
The Commission was further surprised to note that even after numerous communication/reminders sent by present CPIO of Purchase Branch-I, 8 satisfactory and complete response was not received by concerned divisions of the Public Authority.
The Commission, in its order dated 27.02.2024, had categorically directed that "First Appellate Authority to ensure compliance of this direction." But the FAA had also adopted casual approach in dealing with the directions of the Commission. He has not bothered to check/verify as to whether the directions of the Commission was duly complied with. It establishes that the FAA is non- serious and has adopted lackadaisical approach towards the provisions of the RTI Act as well as towards the Commission. In view of the above, mala fide is established on the part of FAA Shri K C Varshney and the officials namely Shri Yogesh Pandey, PO-II, Dr. C P Singh, AD (Physics), Shri Kailash Kumar, Jr. F/ACE(CFD), who should be treated as 'deemed CPIO' in the present case. Thus, the Commission finds it a fit case for imposition of penalty under provisions of section 20 (1) of RTI Act.
The Commission notes that the negligence of duty as FAA and deemed CPIO is deliberate and mala fide is established on part of Shri K C Varshney, hence, he is found liable as per section 20 (1) of RTI Act. In view of this, a penalty of Rs. 25,000/- (Rupees Twenty Five Thousand only) is hereby imposed on him. This penalty amount shall be deducted from salary of Shri K C Varshney, by the Public Authority and paid by way of demand draft drawn in favour of "PAO, CAT", New Delhi, forward the demand drafts addressed to the Deputy Registrar (CR-II), email: [email protected] Room No. 106, First Floor, Central Information Commission, Baba Gangnath Marg, Munirka, New Delhi 110067. The aforesaid penalty amount should reach the Commission by 30.07.2024.
The Director, Ms. Deepa Verma and Present CPIO, Purchase Branch-I are directed to serve a copy of this order to Shri K C Varshney for its compliance.
In view of the above, inaction on the part of the deemed CPIOs namely Shri Yogesh Pandey, PO-II, Dr. C P Singh, AD (Physics), Shri Kailash Kumar, Jr. F/ACE(CFD) are prima facie established and therefore, the Commission deems it expedient to direct the Registry of this Bench to issue Show Cause Notice as to why maximum penalty should not be imposed under Section 20(1) and 20(2) of the RTI Act, on Shri Yogesh Pandey, PO-II, Dr. C P Singh, AD (Physics), Shri Kailash Kumar, Jr. F/ACE(CFD) for neither providing complete and correct reply 9 qua the instant RTI Applications to the Appellant nor participating in the instant hearing. The Registry of this Bench is directed to issue show cause hearing notice to the Appellant and as well as the Respondent and post the instant matter within a period of three weeks.
The Director, Ms. Deepa Verma should ensure that complete and correct point-wise information should be provided to the Appellant on his above- mentioned RTI applications and should also ensure that under all circumstances, written submissions of the erring CPIOs should reach the Commission within three weeks from the date of receipt of this order.
The instant matter stands adjourned and SCN shall be heard on the next date.
Vinod Kumar Tiwari (विनोद कुमार वििारी) Information Commissioner (सूचना आयुक्त) Authenticated true copy (अनिप्रमानणर् सत्यानपर् प्रनर्) (S. Anantharaman) Dy. Registrar 011- 26181927 Date 10 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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