Central Information Commission
Suman Kumar Dey vs Csir-Cimfr, Dhanbad on 15 May, 2026
CIC/CMRID/A/2024/652701
के य सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग,मु नरका
Baba Gangnath Marg, Munirka
नई द ल , New Delhi - 110067
वतीय अपील सं या / Second Appeal No. CIC/CMRID/A/2024/652701
Suman Kumar Dey ... अपीलकता/Appellant
VERSUS
बनाम
CPIO: CSIR-Central Institute
of Mining & Fuel Research, ... तवाद गण/Respondents
Dhanbad, Jharkhand
Relevant dates emerging from the appeal:
RTI : 08.01.2024 FA : 01.03.2024 SA : 26.11.2024
Date of Decision:
CPIO : 02.02.2024 FAO : 14.03.2024
12.02.2026
CORAM:
Hon'ble Commissioner
Shri P R Ramesh
ORDER
Show-Cause Proceedings Date of Proceedings: 28.04.2026 Date of Order: 15.05.2026 Commission has initiated show-cause proceedings against the PIO.
1. The Commission while hearing the captioned appeal deemed it expedient to call explanation from the concerned PIOs on account of an apparent lapse on their part. The relevant portion of the order dated 12.02.2026 is reproduced hereinafter:
Page 1 of 9CIC/CMRID/A/2024/652701 "..9. Examination of the record of the case has revealed that the inordinate delay and non-furnishing of information have not been explained or justified by the PIO, Central Institute of Mining and Fuel Research, Dhanbad. Such a lackadaisical approach towards RTI matters cannot be overlooked. Accordingly, in exercise of powers conferred under section 20 (1) of the RTI Act, 2005, the Commission calls upon the present PIO, Central Institute of Mining and Fuel Research, Dhanbad and PIO, Administrative Department, Central Institute of Mining and Fuel Research, Dhanbad to SHOW CAUSE as to why:
1. Penalty should not be imposed upon him/her for non-furnishing of information sought within stipulated time frame, thereby causing obstruction in the flow of information and adjudication of the instant appeal.
2. Disciplinary action under Section 20 (2) of the RTI Act should not be recommended against him/her for dereliction of duty.
11. This show cause notice is issued keeping in view the extraordinary delay of non-payment of bills raised by the contractor who has already executed the work, the seriousness of the allegations involved, and the need to enforce accountability under the RTI Act. Non-furnishing of the relevant records would only frustrate Appellants' effort to seek judicial remedy and amounts to denial of meaningful access to justice. Hearing of the Show Cause case shall be scheduled in normal course by the Registry. The Noticee - PIO, Central Institute of Mining and Fuel Research, Dhanbad and PIO, Administrative Department, Central Institute of Mining and Fuel Research, Dhanbad along with other officers concerned must send a cogent explanation/reply to the Page 2 of 9 CIC/CMRID/A/2024/652701 Show Cause Notice, within two weeks from the date of receipt of the Show Cause Notice.
12. In view of the fact that information sought has not been provided to the Appellant. the PIO, CIMFR, Dhanbad is directed to furnish a point-wise reply to the Appellant. During the hearing, the answering Respondent has informed the Bench that the information sought falls under the functional domain of the administrative department, CIMFR, Dhanbad Accordingly, PIO, CIMFR, Dhanbad is directed to invoke the provisions of Section 5 (4) of the RTI Act and obtain the relevant information from its custodian, to supply the relevant information to the Appellant within two weeks from the date of receipt of this order. A compliance be filed with the Commission within a week thereafter.
13 Commission is of the considered opinion that the circumstances warrant immediate intervention of the higher authorities within the organisation to take appropriate action against the officials responsible for withholding payment against duly submitted bills for work already executed. Public authorities should not be permitted to cause financial distress to individuals or entities who have duly provided services. The appeal is disposed of accordingly. A copy of this order be marked to the Director, CISR-
CMFR, Dhanbad. .."
Relevant Facts emerging during Hearing:
The following were present:
Respondent: Shri Rakesh Kumar, Scientist-F/CPIO, Shri Sacchak Vadmare, Sr. Technical Officer and Shri Virendra Kumar, Superintending Engineer, Electrical - participated in the hearing through video-conference.Page 3 of 9
CIC/CMRID/A/2024/652701
2. It is noted that deemed PIOs/Controller of Administration - Shri Aditya Mainak and Shri Shambhu Saran Mandal remained absent despite service of show cause notice. However, an email dated 23.03.2026 has been received from Shri Shambhu Saran Mandal wherein he has mentioned that he has submitted the reply to show cause notice to Shri Rakesh Kumar, Scientist-F/CPIO.
3. Shri Rakesh Kumar, Scientist-F/CPIO requested not to start the proceedings under Section 20 of the Act against him as he is not the actual custodian of information sought. Shri Rakesh Kumar stated that the actual custodian of information sought is Controller of Administration - Shri Aditya Mainak and Shri Shambhu Saran Mandal. He stated that though Shri Shambhu Saran Mandal has mentioned in his reply dated 19.03.2026 that he is not the custodian, but the same is factually incorrect. Shri Sacchak Vadmare, Sr. Technical Officer and Shri Virendra Kumar, Superintending Engineer, Electrical -also stated during hearing that information sought is with the Controller of Administration - Shri Aditya Mainak and Shri Shambhu Saran Mandal and not in their section i.e. electrical department.
4. A written submission dated 10.03.2026 has been received from Shri Rakesh Kumar, CPIO-CSIR-CIMFR and same has been taken on record for perusal. The relevant extract whereof is as under:
"..In response to the show cause notice regarding the above-mentioned reference, I, Dr. Rakesh Kumar, CPIO, CSIR-CIMFR, Dhanbad am submitting the reply as under:
1. That the RTI Application of Suman Kumar Dey dated 08.01.2024 was marked to the deemed PIOS - HOS. Electrical Maintenance, Controller of Administration/Administrative Officer and Finance & Accounts Officer/Controller of Finance & Accounts, CSIR-CIMFR on 09.01.2024 (copy attached) for collecting the information sought by the Appellant.Page 4 of 9
CIC/CMRID/A/2024/652701
2. That the reply dated 15.01.2024 (copy attached) received from HOS, Electrical Maintenance was marked to Controller of Administration/Administrative Officer, CSIR-CIMFR for point-wise information as sought by the Applicant on 18.01.2024.
3. That after giving three reminders (dated 16.01.2024, 25.01.2024, 01.02.2024) also, no reply/information was received from Controller of Administration/Administrative Officer, CSIR-CIMFR (copy attached).
4. That the reply was sent to the Appellant on 02.02.2024 (copy attached) along with the reply received from HOS, Electrical Maintenance.
5. Further the first appeal of the Appellant was received on 01.03.2024 in our office.
6. That the Appellate Authority sent his reply to the Appellant on 14.03.2024 (copy attached) in which the Applicant was advised to take appointment from Controller of Administration/Administrative Officer, CSIR-CIMFR to discuss the matter.
7. That the Applicant sent emails dated 04.04.2024 and 08.05.2024 to Controller of Administration, CSIR-CIMFR requesting an appointment for an in-person meeting (copy attached).
8. That the Controller of Administration, CSIR-CIMFR sent an email dated 09.05.2024 to the Applicant saying "The information sought by you shall be provided to you as per RTI Act". As mentioned in point No.3 RTI cell, CSIR- CIMFR has no information to provide to the Applicant.
9. That the notice of hearing for appeal/complaint was marked to deemed PIOs HOS, Electrical Maintenance and Controller of Administration/Administrative Officer, CSIR-CIMFR on 13.01.2026 and sent via email on 16.01.2026, 21.01.2026 highlighting as very Urgent (copy attached).
Page 5 of 9CIC/CMRID/A/2024/652701
10. That no reply was received from Deemed PIO-Controller of Administration/Administrative Officer, CSIR-CIMFR, nor did they attend the hearing on 27.01.2026.
11. That the intimation regarding the order was sent to Controller of Administration/Administrative Officer, CSIR-CIMFR by email on 05.03.2026 (copy attached).
12. That no reply/information was received by RTI Cell from Controller of Administration/Administrative Officer, CSIR-CIMFR till date. From the above, it may be observed that the custodian of the information, Deemed PIO Controller of Administration/Administrative Officer, CSIR-CIMFR has not responded to repeated reminders regarding the RTI Application, First Appeal, Second Appeal/CIC Hearing and CIC Order..."
5. Another written submission dated 21.04.2026 has been received from Shri Rakesh Kumar, CPIO-CSIR-CIMFR and same has been taken on record for perusal. The relevant extract whereof is as under:
"..In response to the show cause notice regarding the above-mentioned reference, I. Dr. Rakesh Kumar, CPIO. CSIR-CIMFR. Dhanbad submitting the reply given by PIO, administrative department. CIMFR as under:
1. That the intimation regarding the order was sent to Controller of Administration/Administrative Officer. CSIR-CIMFR by email on 05.03.2026 (copy attached).
2. That letter regarding the order was sent to Controller of Administration/Administrative Officer, CSIR-CIMFR on 11.03.2026 (Copy Attached).
3. That reply to the show-cause notice was received from Mr. S. S. Mandal, Controller of Administration, CSIR-CIMFR dated 19.03.2026 (Copy Attached)...Page 6 of 9
CIC/CMRID/A/2024/652701 With reference to the subject mentioned above, the following is being submitted:
1. The undersigned was not posted in CSIR-CIMFR, hence he was not the actual custodian of information as sought vide CPIO letter dated 25.01.224 and 23.01.2024 as mentioned point no.6 of the show cause notice.
2. All the electrical works is initiated and the processing of bill along with all supporting documents (viz letter of works award, satisfactory completion of work, measurement of the work done etc) thereof are submitted by HoS Electrical through HoRG, ESD for payments.
3. No such bill for the said electrical work has been submitted by HoS, Electrical/HoRG, ESD till date.
In view of the fact motioned above, it is obvious that the undersigned is not responsible for non-furnishing of information.
Accordingly, it is humbly stated that in view of the submission made above at points No. 1, 2, and 3, taking action against the undersigned might be against proper justice.."
Decision:
6. Commission has gone through the case records and on the basis of averments made by the present CPIO, Shri Rakesh Kumar and deemed PIOs, Electrical, Shri Saccahk Vadmar, Sr. Technical Officer and Shri Virendra Kumar, Superintending Engineer (electrical) observes that the information sought by the Appellant in the instant RTI application pertains to Controller of Administration - Shri Aditya Mainak and Shri Shambhu Saran Mandal. It is observed that Shri S.S. Mandal has mentioned in his reply dated 19.03.2026 that he is not custodian of information sought. However, Shri Rakesh Kumar mentioned during hearing that the aforementioned statement of Shri S.S. Mandal is factually incorrect. Commission expresses severe displeasure over the conduct of Controller of Administration in not having provided any information to the RTI Application within the stipulated time frame of RTI Act. It is noted that till date no information has been provided to the Appellant.
Page 7 of 9CIC/CMRID/A/2024/652701
7. Now, Commission directs to deemed PIOs/ Shri Aditya Mainak and Shri Shambhu Saran Mandal send his/her written submissions to justify as to why penalty of Rs 25,000 should not be imposed for the gross violation of the RTI provisions and disciplinary action under Section 20 (2) of the RTI Act should not be recommended against them for dereliction of duty. In doing so, if any other persons are also responsible for the omission, the PIO shall serve a copy of this order on such other persons under intimation to the Commission and ensure that written submissions of all such concerned persons are sent to the Commission.
8. Hearing of the Show Cause case shall be scheduled on 25.06.2026 by the Registry and a reply to the Notice must reach the Commission at least one week prior to hearing so scheduled, failing which ex-parte action will be initiated against the concerned CPIO/deemed PIOs- Shri Aditya Mainak and Shri Shambhu Saran Mandal.
9. The present CPIO- Shri Rakesh Kumar shall ensure service of this order to deemed PIOs, Controller of Administration - Shri Aditya Mainak and Shri Shambhu Saran Mandal.
A copy of this order be marked to FAA, CSIR-CIMR for compliance of this order.
Sd/-
(P R Ramesh) (पी. आर. रमे श) Information Commissioner (सूचना आयु त) Authenticated true copy Vivek Agarwal (िववेक अ वाल) Dy. Registrar (उप पंजीयक) 011-26107048 Page 8 of 9 CIC/CMRID/A/2024/652701 Addresses of the parties:
1 The CPIO Chief Administrative Officer-(RTI Section), CSIR-Central Institute of Mining & Fuel Research, Barwa Road Campus, Dhanbad-826015 (Jharkhand).Page 9 of 9
Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
Nil Powered by TCPDF (www.tcpdf.org)