Central Information Commission
Pavit Singh vs Ministry Of Women & Child Development on 14 July, 2022
Author: Saroj Punhani
Bench: Saroj Punhani
के ीय सूचना आयोग
Central Information Commission
बाबागंगनाथमाग , मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
File No : CIC/MOWCD/A/2021/135214
Pavit Singh ......अपीलकता /Appellant
VERSUS
बनाम
CPIO,
Ministry of Women & Child Development,
RTI Cell, A Wing, Shastri Bhawan,
New Delhi - 110001. .... ितवादीगण /Respondent
Date of Hearing : 13/07/2022
Date of Decision : 13/07/2022
INFORMATION COMMISSIONER : Saroj Punhani
Relevant facts emerging from appeal:
RTI application filed on : 01/12/2020
CPIO replied on : Not on record
First appeal filed on : 25/05/2021
First Appellate Authority order : Not on record
2nd Appeal/Complaint dated : 19/08/2021
Information sought:
1The Appellant filed an RTI application dated 01.12.2020 with the CPIO, Ministry of Home Affairs (MHA) seeking the following information:
1. Please provide me the information of the Trafficking police officers and advisory body appointed by your department till date under section 13(4) of The Immoral and Traffic (Prevention) Act, 1967, dealing with sexual exploitation of persons at the brothels which have been running at Garstin Bastion Road (G. B. Road) area from Ajmeri Gate to Lahori Gate, Delhi.
2. Please provide me the all investigation/action reports of the G.B. Road area brothels, of the Trafficking police officers and advisory body, available in your department.
The CPIO, MHA transferred the RTI application on 23.12.2020 to the U.S. & CPIO, Ministry of Women and Child Development, Shastri Bhawan, New Delhi under section 6(3) of the RTI Act, 2005 for providing the information directly to the appellant.
Being dissatisfied, the appellant filed a First Appeal dated 25.05.2021. FAA's order, if any, is not available on record.
Feeling aggrieved and dissatisfied with the non- receipt of information, the appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerging during Hearing:
The following were present:-
Appellant: Not present.
Respondent: Mirtunjay Kumar, U.S & CPIO along with Dayashankar, Deputy Secretary & FAA present through intra-video conference.
The FAA reiterated the contents of their written submission dated 12.07.2022, relevant portion of which is as under -
".... complaint raised by the Applicant for non-receipt of information/reply, based on his RTI Application dated 10.12.2020 and first appeal dated 20.02.2021.2
2. In this connection, it is informed that a decision has already been conveyed by the Appellant Authority in the form of an order dated 28th September, 2021 (copy enclosed) to the Applicant with reference to his First Appeal dated 20.02.2021. Operative portion of FAA's order is reproduced below for ready reference -
....2. The record in the Ministry has been perused. The appeal was received in women welfare division, which could not be replied by CPIO. However, the applicant is informed that the Ministry of Women & Child Development has not appointed Trafficking Police Officers and advisory body under section 13(4) of the Immoral Traffic (Prevention) Act. Further, Section 13(3) of the said Act authorises the State Governments to appoint a non-official advisory body consisting of not more than five leading social welfare workers of that area (including women social welfare workers wherever practicable) to advise him on questions of general importance regarding the working of ITPA. With regard to the information regarding investigation/ action reports in respect of GB Road area brothels or in respect of any other area within the State/ UT, it is intimated that the subject matters comes under the purview of concerned States/ UTe, who are competent to take such action, as appropriate. Further, Ministry of Women and Child Development does not maintain the data of complaints and/ or action taken thereon. However, CPIO is directed to transfer the RTI application to CPIO, Delhi Police for providing information".
To a query from the Commission regarding the delay in responding to the RTI applicant , the CPIO tendered his unconditional apologies and explained the delay on account of challenging circumstances during the COVID times and restricted manpower.
Decision:
The Commission at the outset upon a perusal of records finds no infirmity in the information provided by the FAA as the same was in consonance with the provisions of RTI Act.
Notwithstanding the aforesaid, the Commission takes grave exception to the fact that no reply has been provided to the Appellant by the concerned then CPIO, MoWCD, New Delhi and also no substantial explanation for such delay has been tendered by the present CPIO during the hearing. Such casual conduct of the concerned then CPIO, MoWCD, New Delhi amounts to causing unwarranted 3 obstruction to the Appellant's right to information and is in grave violation to the provisions of RTI Act.
In view of the above, the concerned then CPIO , MoWCD, New Delhi(at the time of receipt of RTI Application) is hereby directed to file his written submissions through the present CPIO elaborating in detail the reasons for not giving timely response coupled with relevant information to the Appellant. The written explanation of the then CPIO along with supporting documents, if any through the present CPIO should reach the Commission within 15 days from the date of receipt of this order.
Mirtunjay Kumar, present CPIO should ensure due service of this order at the current corresponding address of the then CPIO for timely compliance of the above directions.
The appeal is disposed of accordingly.
Saroj Punhani (सरोजपुनहािन) हािन) Information Commissioner (सूचनाआयु ) Authenticated true copy (अिभ मािणत स#यािपत ित) (C.A. Joseph) Dy. Registrar 011-26179548/ [email protected] सी. ए. जोसेफ, उप-पंजीयक दनांक / 4