Central Information Commission
Dr Sandeep Kumar Gupta vs Indian Council Of Agricultural ... on 30 August, 2019
Author: Vanaja N Sarna
Bench: Vanaja N Sarna
क य सच ु ना आयोग
CENTRAL INFORMATION COMMISSION
बाबा गंगनाथ माग
Baba Gangnath Marg
मु नरका, नई द ल - 110067
Munirka, New Delhi-110067
Decision no.: CIC/ICARH/A/2018/622470/01478
File no.: CIC/ICARH/A/2018/622470
In the matter of:
Sandeep Kumar Gupta
... Appellant
VS
CPIO/CTO
Agricultural Scientist Recruitment Board (ASRB)
Indian Council of Agricultural Research,
Krishi Anusandhan Bhawan, Pusa, New Delhi - 110 012
... Respondent
RTI application filed on : 29/01/2018 CPIO replied on : 26/02/2018 First appeal filed on : 15/03/2018
First Appellate Authority order : 06/04/2018 Second Appeal dated : 03/06/2018 Date of Hearing : 27/08/2019 Date of Decision : 27/08/2019 The following were present: Appellant: Present over VC Respondent: Dr Suresh Pal, Chief Technical Officer & CPIO alongwith Shri Ajay Gautma, Under Secretary & CPIO and Shri Jitendra Kumar, Section Officer, all present in person.
Information Sought:
The appellant has sought the certified copy of the documents containing the findings of the internal fact finding committee constituted to enquire into the issues raised in the complaint dated 03.07.2015 made by him.1
Grounds for Second Appeal The CPIO did not provide the desired information.
Submissions made by Appellant and Respondent during Hearing:
The appellant submitted that he is not satisfied with the reply of the CPIO as till date the desired information has not been provided to him.
The CPIO submitted that in compliance with the First Appellate Authority's order, assistance u/s 5(4) of the RTI Act was sought from the ICAR Hqrs. who is the custodian of the desired information, however, till date no response has been received from the Vigilance Section despite several reminders sent to the concerned Section. The CPIO also submitted sufficient dispatch details to substantiate this fact that the RTI application was forwarded to them for getting the desired information.
Observations:
From a perusal of the relevant case records, it is noted that till date no information has been provided to the appellant despite clear instructions from the First Appellate Authority. However, during the hearing, the CPIO submitted that since Vigilance Section, ICAR Hqrs. was the holder of the desired information, several letters dated 10.04.2018 & 07.06.2018 were written to them to provide the relevant information to the appellant but till date no response has been received from them.
The Commission expresses its displeasure at the conduct of the CPIO, Vigilance, ICAR Hqrs in not complying with the order of the Appellate Authority, ASRB even after sending various reminders to them.
Decision:
Based on the above observations, the present CPIO & Under Secretary, Vigilance, ICAR Hqrs., Shri P K Mishra, is directed to provide a copy of the documents containing the findings of the internal fact finding committee constituted to enquire into the issues raised in the complaint dated 03.07.2015 made by the appellant after application of Section 10 of the RTI Act within a period of 15 days from the date of receipt of this order under intimation to the Commission. The CPIO, Agricultural Scientist Recruitment Board(ASRB), Dr Suresh Pal is directed to serve a copy of this order to the CPIO, Vigilance, ICAR, Hqrs. for compliance.2
File no.: CIC/ICARH/A/2018/622470 Furthermore, the then CPIO, Shri S K Sinha and the present CPIO & Under Secretary, Shri P K Mishra , Vigilance, ICAR, Hqrs, both are directed to submit their written explanations within a period of 20 days from the date of receipt of this order to explain why the First Appellate Authority's order dated 06.04.2018 was not complied with by them till date despite several reminders sent to them by the CPIO, ASRB, failing which appropriate action under the relevant provisions of the RTI Act will be initiated against them. If any other persons are responsible for the said omission, the CPIO, Vigilance, ICAR, Hqrs.
Shall serve a copy of this order on such persons to submit their explanations also.
The appeal is disposed of accordingly.
Vanaja N. Sarna (वनजा एन. सरना) Information Commissioner (सच ू ना आय! ु त) Authenticated true copy (अ भ मा णत स या पत त) A.K. Assija (ऐ.के. असीजा) Dy. Registrar (उप-पंजीयक) 011- 26182594 / दनांक / Date 3