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Central Information Commission

Arun Kumar Sharma vs Ministry Of Mines on 29 November, 2018

                                के   ीय सूचना आयोग
                      Central Information Commission
                           बाबा गंगनाथ माग
, मुिनरका
                       Baba Gangnath Marg, Munirka
                         नई  द
ली, New Delhi - 110067



ि तीय अपील सं या / Second Appeal No. CIC/GSIND/A/2017/604447


Arun Kumar Sharma                                          ... अपीलकता /Appellant


                                     VERSUS
                                      बनाम


1. CPIO, Geological Survey of                           ... ितवादीगण /Respondents
India, Southern Region,
Hyderabad.

2. CPIO, Geological Survey of
India, Nehru Road, Kolkata.


Relevant dates emerging from the appeal:

RTI : 04.06.2017           FA      : 05.07.2017          SA     : 22.08.2017

CPIO : 21.07.2017          FAO : 31.07.2017              Hearing : 26.11.2018


                                    ORDER

1. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Geological Survey of India, Southern Region, Hyderabad, seeking a certified copy of his Page 1 of 4 House Building Advance (HBA) interest calculation certificate for the period July 2002 to December 2010.

2. The appellant filed a second appeal before the Commission on the grounds that the FAA erroneously disposed of his appeal stating that the information sought for has been provided to the applicant on 28.07.2017 which is not correct, as the CPIO had furnished the total interest on HBA @ 12% interest per annum instead of the detailed interest calculation. The appellant requested the Commission to direct the CPIO/FAA to provide the desired information to him.

Hearing:

3. The appellant was not present despite notice. The respondent Shri N. Padmaiah, Director & CPIO, GSI, Southern Region Hyderabad and Shri S.C. Bose, Asstt. Director (P&A) & CPIO, GSI, CHQ Kolkata attended the hearing through video-conferencing.

4. The respondent submitted that the appellant's RTI application dated 04.06.2017 received online by the CPIO, GSI, Central Headquarters, Kolkata was forwarded to the CPIO, Pay & Accounts Office, GSI Hyderabad on 05.07.2017. Further, as per the available records, the appellant was informed vide letter dated 21.07.2017 that the interest payable on House Building Advance (HBA) principal calculated @ 12% was Rs. 304650/- for the period July 2002 to December 2010 and an amount of 125181/- was recovered towards interest on HBA during January 2011 to July 2013. The respondent, however, admitted that due to oversight, a copy of the interest calculation certificate could not be provided to the appellant at the time of the reply to his RTI application. The respondent tendered his unconditional Page 2 of 4 apology for this lapse and requested the Commission to condone the same. The respondent further stated that the appellant has now been provided a certified copy of the detailed calculation of the interest payable on the House Building Advance (HBA) for the period July 2002 to December 2010.

Decision:

5. The Commission, after hearing the submissions of the respondent and perusing the records, observes that the appellant had specifically sought a certified copy of his HBA interest calculation certificate. However, the CPIO vide reply dated 21.07.2017 provided only the interest payable on the HBA. The detailed calculation of the interest on the HBA was provided to the appellant only on 19.11.2018. In view of this, the Commission would like to counsel the CPIO to be more careful in future so that such lapses do not recur and information as sought in the RTI application is provided to the information seeker within the stipulated time.
6. With the above observations, the appeal is disposed of.
7. Copy of the decision be provided free of cost to the parties.

Sudhir Bhargava (सुधीर भाग व) Information Commissioner (सूचना आयु ) दनांक / Date 27.11.2018 Authenticated true copy (अिभ मािणत स यािपत ित) S. S. Rohilla (एस. एस. रोिह ला) Dy. Registrar (उप-पंजीयक) 011-26105682 / [email protected] Page 3 of 4 Addresses of the parties:

1. The Central Public Information Officer (CPIO), Geological Survey of India, Southern Region, GSI Complex, Bandlaguda, Hyderabad- 500068.
2. The Central Public Information Officer (CPIO), Geological Survey of India, 29, J.L. Nehru Road, Kolkata.
3. Shri Arun Kumar Sharma, Page 4 of 4