Central Information Commission
Shri S.R. Hussain vs National Projects Construction ... on 31 July, 2008
CENTRAL INFORMATION COMMISSION
.....
F.No.CIC/AT/A/2007/00855
Dated, the 31st July, 2008.
Appellant : Shri S.R. Hussain
Respondents : National Projects Construction Corporation Limited
This is a complaint by Shri S.R. Hussain against the holder-of- information, Shri A.K. Mahajan for delay in providing information in respect of the appellant's RTI-application dated 09.03.2007.
2. Notices dated 12.03.2008 were issued to the holder-of-information, Shri A.K. Mahajan under Section 20(1) of the RTI Act and, to the head of the public authority, viz. Chairman & Managing Director, NPCC under Section 19(8)(b) of the RTI Act for award of compensation to the complainant.
3. Parties were called for a hearing on 10.03.2008 and 29.05.2008. In the second hearing, the holder-of-information, Shri Mahajan was present. The head of the public authority was represented by Shri Budh Ram.
4. The chronology of the events in this case is as follows:-
Event Date
Appellant filed his RTI-application 09.03.2007
CPIO sent an interim reply to appellant 09.04.2007
Appellant filed his first-appeal against deemed 16.04.2007
refusal
AA passed an order (Information corresponding to 17.05.2007
Items 2 to 6 was ordered to be supplied within 15
days - free of cost. Item 1 was not traceable)
CPIO made reference to P&A Division 21.05.2007
& 29.05.2007
Appellant filed his second-appeal before the 26.06.2007
Commission
P&A Division's reply sent to the CPIO 13.08.2007
CPIO conveyed the P&A Division's reply to the 14.08.2007
appellant
5. From the above, it is manifest that Shri Mahajan as holder-of-information not only initially delayed transmission of information to the complainant, he even contravened the order of the Appellate Authority, dated 17.05.2007 to disclose Page 1 of 3 the information within 15 days of that order. Contrary to the provisions of the RTI Act, an information which should have been given to the complainant within 30 days of his filing the RTI-application, took nearly five months to finally reach his hands.
6. The explanation for the delay urged by the respondents was that the complainant was a serial petitioner who has been asking the same type of questions through multiple applications. It was noted from the replies submitted by the respondents that there was an attempt to somehow explain away the delays and to escape accountability for it. The usual plea of workload, etc. was taken. It was noted that there was overt negligence and lack of attention by the respondent, Shri A.K. Mahajan in furnishing replies to the complainant. He compounded his problem by not adhering to the time-limit set by the AA, in his order, in furnishing the information to the complainant in respect of queries at Sl.Nos.2 to 6 in the appellant's RTI-application. The CPIO wrote to the holder-of-information, through his communications dated 21.05.2007 and 29.05.2007, to comply with the AA's order, but even that was not enough to spur Shri Mahajan into action.
7. In consideration of the above, it is my considered opinion that there are no reasonable grounds that would mitigate the default of the holder-of-information Shri Mahajan. His failure to supply information was with full knowledge of the consequence of his action and, was in the face of it, a palpable act of negligence.
8. It is, therefore, directed that a maximum penalty @Rs.250/- per day for 126 days (from 10.04.2007 to 12.08.2007), but not exceeding Rs.25,000/- be imposed on Shri A.K. Mahajan for the delayed supply of information to the appellant.
9. The respondents submitted during the hearing that Shri A.K.Mahajan had since left the National Projects Construction Corporation (NPCC) Limited and joined the Cauvery Water Dispute Tribunal as its Registrar.
10. The Secretary, Ministry of Water Resources (being head of the administrative Ministry of the Tribunal) is, therefore, directed that the penalty amount be recovered from Shri Mahajan's salary commencing from the month of September-2008 in four monthly installments of Rs.7,000/- in the first month and Rs.6,000/- for each of the three months following September-2008.
11. CCA of the Ministry of Water Resources is directed to ensure that the penalty is duly recovered from the salary of Shri Mahajan as directed at para 8 & 9 above and is credited as per directions in the enclosed instructions.
Page 2 of 312. The head of the public authority, viz. the Secretary, Ministry of Water Resources shall ensure that the recoveries are made as directed and intimate the recoveries to the CIC after each monthly installment is recovered.
13. The complaint is disposed of with the above directions.
14. Copy of this decision be sent to the parties.
Sd/-
( A.N. TIWARI ) INFORMATION COMMISSIONER Authenticated by -
Sd/-
( D.C. SINGH ) Under Secretary & Asst. Registrar Page 3 of 3