Central Information Commission
Mrparveen vs Ministry Of Environment & Forests on 17 February, 2015
CENTRAL INFORMATION COMMISSION
(Room No.315, BWing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi 110 066)
Prof. M. Sridhar Acharyulu (Madabhushi Sridhar)
Information Commissioner
CIC/SA/C/2014/000368
CIC/SA/C/2014/000313
(VideoConference)
Ms Parveen v. PIO, ICFRE, Dehradun
CIC/SA/C/2014/000368
Important Dates and time taken:
RTI: 01.11.2013 Reply (after FA): Time: 60 days
02.01.2014
FAA: 02.12.2013 FAO: 31.07.2014
Complaint : 11.08.2014 Hearing: 04.02.2015 Decision: 17022015
Show cause:
PIO dated 01.11.2013
Result: Complaint Disposed of
Parties Present:
1. Both the parties are present for videoconference at the NIC Centre, Dehradun.
CIC/SA/C/2014/000368/000313 Page 1
Information sought:
2. Complainant through his RTI application had sought for Copy of letter dated 10.09.2013 sent to the Ministry of environment and Forest.
Ground for First Appeal:
3. Nonfurnishing of information within the prescribed period by PIO.
PIO response (after First Appeal):
4. Requested the complainant to deposit a fee of Rs 338 for 169 pages.
Compliance:
5. PIO enclosed 173 pages as received from Secretary, ICFRE.
First Appellate Authority Order:
6. In response to Complainant application that the fee deposited by him should be refunded as the PIO had provided the information after the expiry of the prescribed period. FAA stated that as per the RTI rules there is no provision for the refund of fees and as mention in chapter 11, Section 11 "the matter relating to refund of fee is to be decided by the Civil court".
Ground For complaint:
7. That the PIO furnished the information after the prescribed period and that the Complainant was charged for the information furnished inspite of delay on PIO part and that the Commission should take appropriate action in this regard.
CIC/SA/C/2014/000368/000313 Page 2
CIC/SA/C/2014/000313
Important Dates and time taken:
RTI: 20.03.2014 Reply: Time:
FAA: 25.04.2014 FAO: Time:
Complaint : 09.06.2014 Hearing: Decision:
04.02.2015
Result: Complaint Disposed of.
Information sought:
8. Complainant through his RTI application had sought for information in relation to Complaint committee constituted for prevention of Sexual harassment of women on 14.10.2013 and in contrary he stated that he received a letter from registrar FRI that no such orders were issued for its constitution. In view of the above, the complainant sought for copy of orders issued by Dr Neera Gera, Chairperson Sexual harassment Committee on 14.10.2013, List of the names of members constituted for prevention of Sexual harassment of women at ICFRE on 14.10.2013, Letters/orders issued for Complaint committee constituted for prevention of Sexual harassment of women at ICFRE in the year 2013 & 2014..etc..etc Ground for First Appeal:
9. Nonfurnishing of the information sought within the prescribed period.
First Appellate Authority Order:
CIC/SA/C/2014/000368/000313 Page 3
10. PIO was directed to furnish the information sought by the appellant within 30 days of the receipt of this Order, Ground For Complaint :
11. NonCompliance of the FAA Order and Nonfurnishing of the information sought by the Complainant within the prescribed period. Decision:
CIC/SA/C/2014/000368
12. Both the parties made their submissions. The respondent authority submitted that they have supplied the information. But the complainant has denied having received the information within the prescribed period. She has been asked to deposit the costs of Rs.338/ for 169 pages information and she did not get the information even after the deposition of the costs. In her first appeal, the FAA has declined to refund the costs, when the complainant demanded for the same, as the information is delayed. The present CPIO submitted that he was not the CPIO at that time. Dr. Devender Kumar was the CPIO.
13. The Commission having heard the submissions and after perusal of the record in the file, directs the respondent/CPIO to refund the costs collected from the complainant, as the information is delayed beyond the prescribed period. The Commission also advises CIC/SA/C/2014/000368/000313 Page 4 the Public Authority to save the public money by supplying the information within the prescribed period. The Commission directs the then CPIO, Mr. Devender Kumar to show cause why penalty cannot be imposed on him for not supplying the information to the appellant within the prescribed period, even though she has deposited the costs for the same. His explanation should reach the Commission within 3 weeks from the date of receipt of this order. The Commission orders accordingly. CIC/SA/C/2014/000313
14. The present Complaint is being converted into Second Appeal at the request of Complainant, as information is being sought by the Complainant.
15. Both the parties made their submissions. The respondent authority submitted that they have supplied the information sought by the complainant. But the complainant stated that she wanted the order issued by the Chairperson of the Sexual Harassment Committee, Ms. Jayashree, whereas the CPIO has provided the order issued by the Secretary of the Council. In response to this, the CPIO submitted that there is no order issued by the then Chairperson named by the complainant. But the complainant explained that she filed a sexual harassment case with the said committee and the committee deliberated on her complaint. She, therefore, wants the minutes of the meeting taken by the Committee on her complaint.
16. The Commission having heard the submissions and perused the record, directs the respondent CPIO to provide the minutes of the Committee on Sexual Harassment, referred CIC/SA/C/2014/000368/000313 Page 5 by the complainant within 15 days from the date of receipt of this order. The complaint is disposed of.
(M.Sridhar Acharyulu) Information Commissioner Authenticated true copy (Babu Lal) Deputy Registrar
1. The CPIO under the RTI Act, Government of India Indian Council of Forestry Research and Education Ministry of Environment and Forests, PO_New Forest Dehradun248006
2. Dr.Devender Kumar, the then The CPIO under the RTI Act, Government of India Indian Council of Forestry Research and Education Ministry of Environment and Forests, PO_New Forest Dehradun248006
3. Dr. Praveen Divisionof Genetics and Tree Propagation Forest Research Institute, Dehradun248195 Uttarakhand CIC/SA/C/2014/000368/000313 Page 6