Central Information Commission
Mrprem Prakash Prajapati vs Ministry Of Science & Technology on 8 September, 2015
CENTRAL INFORMATION COMMISSION
Room No. - 308, 2nd Floor, August Kranti Bhawan,
Bhikaji Cama Place, New Delhi - 110066.
Website: cic.gov.in
File No. CIC/KY/A/2015/000780
Appellant : Shri Prem Prakash Prajapati
Industrial Area, Khurai Road
Bina, Sagar, Madhya Pradesh-470113
Public Authority : The CPIO
NABL, NABL House
Plot No. 45, Sec-44, Gurgaon-122002
Date of Hearing : 08.09.2015
Date of Decision : 08.09.2015
Presence:
Appellant : Absent
CPIO : Shri Alok Jain, Technical Manager & CPIO
FACTS:
I. Vide RTI application dated 07.05.2015, the appellant sought information on the 4 issues.
II. CPIO, vide its response dated 08.06.2015, has provided the part information to the appellant.
III. The First Appeal (FA) was filed on 20.06.2015, as desired information not provided.
IV. First Appellate Authority (FAA), vide his order dated 30.06.2015, upheld the views of CPIO.
V. Grounds for the Second Appeal filed on 09.07.2015, are contained in the Memorandum of Second Appeal.
HEARING Appellant opted to be absent despite of our due notice to him. Respondents appeared before the Commission personally and made the submissions at length.
DECISION Shri Alok Jain, Technical Manager & CPIO, appeared on behalf of DDA, before the Commission. On being queried by the Commission, as to whether respondents have provided the complete and categorical information to the appellant on his RTI application dated 07.05.2015. On this very aspect, he is not in position to respond the query posed by the Commission but kept on arguing illogically on irrelevant issues, despite of restraining by the Commission. Thus, it shows that Shri Alok Jain, Technical Manager & CPIO, appeared before the Commission without preparation of the case and tried his level best to mislead the Commission, deliberately.
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2. Not only this time, on earlier occasions also, he appeared before the Commission without preparation of the case and misled the Commission deliberately As such, in view of this, the Commission feels that, in the interest of work, the appearance of Shri Alok Jain, Technical Manager & CPIO, needs to be banned, before this bench, forthwith. Therefore, the appearance of Shri Alok Jain, Technical Manager & CPIO, before this bench is hereby banned, henceforth.
3. It is pertinent to mention here that the appellant, vide his RTI Application dated 07.05.2015, sought information from the respondents on 4 issues. Respondents, vide their response dated 08.06.2015, provided the vague & irrelevant information to the appellant, which has nothing to do with the issues raised by the appellant in his RTI application dated 07.05.2015. Being aggrieved by the aforesaid response, FA was filed by the appellant on 20.06.2015 before the FAA, who vide his order dated 30.06.2015, disposed of the FA by upholding the decision of CPIO, without application of his mind.
4. The Commission heard the submissions made by respondents at length. The Commission also perused the case-file thoroughly; specifically, nature of issues raised by the appellant in his RTI application dated 07.05.2015, respondent's response dated 08.06.2015, FAA's order dated 30.06.2015 and also the grounds of memorandum of second appeal.
5. The Commission is of the considered view that the appellant has been deprived by the respondents deliberately from having the benefits of the RTI Act 2005, even after lapse of more than four months period. As such, the Commission feels that appellant's second appeal deserves to be allowed in toto. Therefore, it is allowed in toto.
6. In view of the above, the respondents are hereby directed to provide the complete and categorical information, issue-wise, to the appellant as per his RTI application, in accordance with the provisions of RTI Act 2005, within 30 days from the date of receipt of this order under intimation to this Commission. If need be, Section 5(4) of the RTI Act 2005 be also invoked in the matter.
The Appeal is disposed of accordingly.
Sd/-
(M.A. Khan Yusufi) Information Commissioner Authenticated true copy (Prakash) Deputy Registrar ......3 -3- Shri Anil Relia Director, NABL, NABL House Plot No. 45, Sec-44, Gurgaon-122002 {for information and necessary action.} Shri Alok Jain, Technical Manager & CPIO NABL, NABL House Plot No. 45, Sec-44, Gurgaon-122002 Shri Prem Prakash Prajapati Industrial Area, Khurai Road Bina, Sagar, Madhya Pradesh-470113