Central Information Commission
Mr.Abhay Kumar vs Ut Of Chandigarh on 7 June, 2012
Central Information Commission
Room No.307, II Floor, B Wing, August Kranti Bhawan, Bhikaji Cama Place, New
Delhi110066
Telefax:01126180532 & 01126107254 websitecic.gov.in
Adjunct to Appeal: No. CIC/DS/A/2010/001810
Appellant /Complainant : Shri Abhay Kumar, Palamu
(Jharkhand)
Public Authority : The New India Assurance Co.
Ltd., Patna
(Sh. M.K.R.P. Jonko, Dy. Mgr./CPIO
and Shri V.K. Gupta, Former CPIO-
through videoconferencing)
Date of Hearing : 07 June 2012
Date of Decision : 07 June 2012
Facts:
1. In pursuance of the Commission's Order dated 18 April 2012, both Current and Former CPIO appeared before the Commission.
The former CPIO regretted and apologized for refusal of the information to the Appellant, as it was addressed to the wrong person as CPIO i.e. Sh. Rajesh Kumar. It was further submitted that Sh. Rajesh Kumar was Regional Manager, New India Assurance Co. Ltd, Patna.
Decision Notice
2. The Commission cannot accept the plea taken by the former CPIO, as the information should have been provided to the Appellant even if RTI Application was not marked with correct name of the CPIO. It is one of the Obligations of the Public Authority under section 4 (b) of the RTI Act, 2005 to publish the complete directory of its officials through website, Notice Boards, etc for easy Public Access.
3. The Commission therefore imposes penalty on the former CPIO for having refused to accept the RTI application of the appellant and for not having provided information to the appellant only on the grounds that the RTI Application was not marked with the correct name of the CPIO. In pursuance of the provisions of Sec. 18 and section 20(1) of RTI Act the Commission order penalizing the CPIO, Shri B.K. Gupta, former Adjunct to Appeal: No. CIC/DS/A/2010/001810 CPIO presently posted at Kolkata Regional Office, 4,Mangoe Lane,Kolkata700001 for Rs. 25,000/ which is the maximum penalty under the Act. The Appellate Authority is directed to recover the amount of Rs. 25,000/ from the salary of the CPIO and remit the same by a demand draft or a Banker's cheque in the name of the Pay & Accounts Officer, CAT, payable at New Delhi and send the same to Shri Pankaj K.P. Shreyaskar, Director and Joint Registrar of the Central Information Commission, 2nd. Floor, August Kranti Bhawan, New Delhi110066. The amount may be deducted at the rate of Rs. 5000/ per month every month from the salary of Shri B.K.Gupta, former CPIO and remitted by the 10th of every month starting from July, 2012 The total amount of Rs. 25,000/ will be remitted by 10th of December, 2012.
(Smt. Deepak Sandhu) Information Commissioner (DS) Authenticated true copy:
(T. K. Mohapatra) Dy. Secretary & Dy. Registrar Tel. No. 01126105027 Copy to:
1. Shri Abhay Kumar C/o Sh. Jai Narayan Prasad Chairman Road, Hamidganj Daltonganj, Palamu822101(Jharkhand)
2. The CPIO Manager The New India Assurance Co. Ltd., Patna RO : 6th & 7th Floor, BSFC Building, Fraser Road, Patna800001(Bihar)
3. The Appellate Authority Regional Manager The New India Assurance Co. Ltd., Patna RO : 6th & 7th Floor, BSFC Building, Fraser Road, Patna800001(Bihar)
4. Shri B.K. Gupta Manager The New India Assurance Co. Ltd., Adjunct to Appeal: No. CIC/DS/A/2010/001810 Regional Office 4, Mangoe Lane, Ist. Floor Kolkata700001. (West Bengal)
6. Shri Pankaj K.P. Shreyaskar, Director and Joint Registrar of the Central Information Commission, 2nd. Floor, August Kranti Bhawan, New Delhi110066.
Adjunct to Appeal: No. CIC/DS/A/2010/001810