Central Information Commission
Mr.Kishori Lal Bablani vs Ministry Of Home Affairs on 29 October, 2012
Central Information Commission
Room No. 305, 2nd Floor, 'B' Wing, August Kranti Bhavan,
Bhikaji Cama Place, New Delhi110066
Web: www.cic.gov.in Tel No: 26167931
Case No. CIC/SS/A/2012/002181
Dated: 29.10.2012
Name of Appellant : Shri Kishori Lal Bablani
Name of Respondent : Ministry of Finance,
Department of Revenue
Date of Hearing : 11.09.2012
ORDER
Shri Kishori Lal Bablani, hereinafter called the appellant, has filed the present appeal dated 11.11.2011 before the Commission against the respondent Ministry of Finance, Department of Revenue, New Delhi for not providing information in response to his RTI-application dated 2.6.2011. The matter came up for hearing on 11.09.2012. The appellant was present whereas the respondent were represented by Shri V. Sreekumar, Under Secretary (Ad-I).
2. The appellant has through his RTI application dated 2.6.2011 sought information regarding selection of candidates for the post of Members in the Customs and Central Excise Settlement Commission in pursuance of letter F. No. A. 12026/16/2010-Ad.I of Department of Revenue, Ministry of Finance, along with copies of complete note sheets/ correspondences/ advice/advisory notes etc.
3. After failing to get any response from the CPIO on his RTI application, the appellant filed first appeal on 8.7.2011 before the FAA. In the meantime the 2 Case No. CIC/SS/A/2012/002181 CPIO vide his letter No. A. 50050/64/2011-Ad.I dated 21.7. 2011 requested the appellant to deposit Rs. 148/- towards photocopy charges for of 74 pages of the information sought by him. The appellant deposited the said amount on 1.8.2011 vide Department of Revenue receipt No. 1164.
4. The FAA vide his order No. A-50050/64/2011-Ad.I dated 16.8.2011 observed that the CPIO vide his letter dated 21.7.2011, advised the appellant to deposit Rs. 148/- towards the cost of photocopying charges of the said file after applying severability clause, wherever applicable. The appellant vide his letter dated 1.8.2011 deposited the fee and the required information and documents were sent to him by the CPIO vide letter dated 3.8.2011. The FAA observed that there has been some delay on the part of the CPIO in supplying the information which was beyond his control since the file from which the appellant sought information was a current one dealing with senior level appointments and was frequently required by higher authorities for decisions/issue of orders etc. Further the CPIO required reasonable time for deciding on the papers to be supplied, after applying the severability clause. Since the information sought has already been supplied, the appeal is thus not necessary at this stage and is disposed of.
5. In his second appeal filed before the Commission the appellant stated that while serving as Chief Commissioner of customs, Central Excise & Service Tax, the appellant was selected and appointed as Member, Customs & Central Excise Settlement Commission at Kolkata vide Ministry's Order dated 16.4.2010. Citing valid reasons, the appellant sought extension of time for joining up to 2.8.2010. However, the extension of time for joining was denied and his appointment was cancelled and he was debarred from consideration for appointment in all autonomous bodies/ statutory Bodies/ Regulatory bodies for a period of 3 years w.e.f. 13.8.2010. Since these orders were issued in violation of DOPT OM dated 16.7.2009, the appellant challenged the said order before the CAT at New Delhi and filed OA 640/2011 dated 9.2.2011. In order to place correct vacancy position and other facts before the CAT the appellant applied to 3 Case No. CIC/SS/A/2012/002181 the CPIO for supply of certain documents, that he filed RTI application dated 2.6.2011 in person in the Office of the CPIO on 3.6.2011, requesting for information to be sent to him by speed post. The CPIO failed to provide information within 30 days period, the appellant filed first appeal before the FAA. On 21.7.201, the appellant visited the CPIO and was informed by the CPIO that a letter for depositing of photocopying charges for required documents had already been issued by him. The CPIO refused to give copy of the said letter to the appellant. On 22.7.2011 the appellant sent letter to the CPIO by speed post informing about non-receipt of demand letter and also that documents were required urgently in connection with his Service Case before CAT. On 26.7.2011, the appellant sent another letter by speed post to CPIO requesting to send the copying charges demand letter by e-mail and also requested to allow inspection of file and copies of documents. On 30.7.2011, the appellant received demand letter, though dated 21.7.2011, but in fact was dispatched by ordinary post on 28.7.2011 as per post office stamp on the envelop. On 1.8.2011, the appellant deposited Rs. 148/- in Cash Section of the office of the CPIO and submitted copy of receipt, in person and requested him to give copies of documents applied for but the CPIO refused to give copies of the documents by hand. On 13.8.2011, the appellant received letter from the CPIO dated 3.8.2011 by ordinary post, in an envelope bearing stamp of only Rs. 10/-, purporting to enclosing 74 pages, but there was no enclosure to the letter in the envelope. On 16.8.2011, the appellant sent letter to the CPIO by speed post informing him about non-receipt of 74 pages of information. On 7.9.2011, the appellant received by ordinary post an envelope containing letter dated 1.9.2011 from the CPIO with which the said 74 pages of information were actually dispatched. Under Section 7(6) of the RTI Act, in this case, the information ought to have been provided to him free of cost as 30 days period had expired on 3.7.2011. The demand letter dated 21.7.2011 for depositing a sum of Rs. 148/- towards photocopying charges was neither legal nor proper and had been issued just to cause delay in providing information. The CPIO has not provided information intentionally within the time specified under Sub-Section (1) of Section 7. In the 4 Case No. CIC/SS/A/2012/002181 light of these facts, the appellant requests the Commission to impose penalty as provided u/s 20 of the RTI Act.
6. Having considered the submission of the parties and perused the relevant documents on file, the Commission notes that the CPIO has erred in demanding Rs. 148/- vide his letter dated 21.7.2011 whereas the RTI request was received by him on 3.6.2011. Under the provisions of Section 7(6) of the RTI Act the information ought to have been supplied to the appellant free of cost. The appellant has received CPIO's letter dated 21.7.2011 only on 30.7.2011 and deposited Rs. 148/- on 1.8.2011. The CPIO vide his letter dated 3.8.2011 forwarded only the covering letter without enclosing 74 pages of documents. On the request of the appellant about non-receipt of enclosures with his letter dated 3.8.2011, the CPIO vide his letter dated 1.9.2011 forwarded the requisite documents to the appellant, which was received by the appellant only on 7.9.2011. The CPIO is hereby directed to refund the appellant Rs. 148/-, towards the cost of photocopy charges, as the appellant within two weeks of receipt of this order, as he is entitled to get the information free of cost after the expiry of 30 days, as per the provisions of the RTI Act.
7. The Commission is of the view that Shri V. Sreekumar, Under Secretary & CPIO, Department of Revenue, Ministry of Finance has prima-facie caused a delay of 90 days in providing information to the appellant. A separate show- cause notice u/s 20(1) of the RTI Act would be issued to the Shri V. Sreekumar, Under Secretary & CPIO, Department of Revenue, Ministry of Finance asking him to show-cause why a penalty of Rs. 22,500/- [@ Rs. 250/- per day x 90 days] should not be imposed upon him.
(Sushma Singh) Information Commissioner Authenticated true copy:
5 Case No. CIC/SS/A/2012/002181(K.K. Sharma) OSD & Deputy Registrar 6 Case No. CIC/SS/A/2012/002181 Address of the parties:
Shri Kishori Lal Bablani, 401, Kalika, Plot No. 12-A, Greater Bombay CHS Ltd., Gulmohar Cross Road No. 4, J.V.P.D., Mumbai-400049.
The Under Secretary (Ad-I) & CPIO, Ministry of Finance, Department of Revenue, North Block, New Delhi-110001.
The First Appellate Authority, Ministry of Finance, Department of Revenue, North Block, New Delhi-110001.