Central Information Commission
Dr. Narender Shanker Pandey vs Ministry Of Home Affairs (Mha) Forensic ... on 12 June, 2009
CENTRAL INFORMATION COMMISSION
Appeal No.CIC/WB/A/2007/01478 dated 20.11.2007
Right to Information Act 2005 - Section 19
Appellant - Dr. Narender Shanker Pandey
Respondent - Ministry of Home Affairs (MHA) Forensic Dep't
Facts:
In our decision of 1.4.2009 on issue No. 2, we had decided as follows:
"Issue 2: In this case there is no further plea for inspection of documents but only for copies of certified documents which were required. The grounds for not having been allowed inspection are at any rate specious. Even though the inspection of the file may not serve any purpose at this stage, at any rate it is clear that the application made on 22.11.06 should have been replied by 21.12.06. Even were we to concede that the fee was received only on 6.12.06, the response had become due by 5.1.07. The response, therefore, is overdue and in addition incomplete. Dr. M. S. Rao, Director cum Chief (Forensic Sciences), Directorate of Forensic Sciences, Chandigarh will now show cause why he should not be penalized @ Rs. 250/- a day from 25.1.07 the date on which he received the request for information to 22.2.07 when he actually supplied this partial information to Dr. Pandey, amounting to Rs. 7000/-. He may do this either in writing by 27.4.2009 or by personal appearance through videoconference in Chandigarh on 10.6.2009 at 4.30 p.m."
Subsequently we have received a letter from appellant Dr. N. S. Pandey confirming compliance with orders on Issue No. 1 & 3. However, on the question 2 he has submitted as follows:
"Commission has accepted that the response from the CPIO had become due on 5.1.2007 and the partial information was received by the undersigned on 22.2.2007. Hence, the total delay period is 47 days (5.1.2007 to 22.2.2007)."
We have also received a compliance report from Dr. M. S. Rao, Chief Forensic Scientist, MHA dated 16.4.07 in which he has reported compliance with regard to issues 1 & 3. With regard to issue No. 2, relating to the proposed penalty of Rs. 7000/-, he has submitted as follows:
1"1. The matter was put up on 25.1.2007 to CPIO-cum-SSO (FS) through Section Officer by the concerned Dealing Assistant.
2. The file was returned on the same day i.e. on 25.1.2007 by the CPIO-cum-SSO (FS) with the remarks that the position of the case is not clear and matter may be submitted on 2.2.2007 i.e. after his return from official tour to Kolkata.
3. There were closed holidays on 26.1.2007 to 28.1.2007 and on 30.1.2007 being Republic Day, Saturday, Sunday and Moharram.
4. The matter was again submitted by the Dealing Assistant/ Section Officer on 2.2.2007. CPIO had returned the file with the request that the matter may be discussed in person.
5. The matter was discussed on 6.2.2007 as the 3 and 4 February were closed holidays being Saturday/ Sunday. During discussion, it was found that the required information has not been furnished by the Director, CFSL, Chandigarh and it was directed to get required information from the Director, CFSL, Chandigarh before the final reply is given to Dr. Pandey.
6. Fax messages were sent to Director, CFSL, Chandigarh on 6.2.2007 and reminder dated 9.2.2007.
7. A draft reply after receipt of the required information on 12.2.2007 from CFSL, Chandigarh, was put up on 14.2.2007 for approval.
8. The final reply was signed by DR. M. S. Rao, CFS on 17.2.2007 on Holiday i.e. Saturday.
9. The reply to Dr. Pandey was dispatched by the Section on 20.2.2007 by Speed Post as 17th and 18 were closed holidays being Saturday/ Sunday."
The matter was heard on 10.6.2009. The following are present:
Appellant Dr. N. S. Pandey Respondents Dr. M. S. Rao, Chief Forensic Scientist Mr. R. S. Verma, Director, CFSL, Chandigarh Mr. M. T. Ahmad, PA to CFS Dr. M. S. Rao submitted that he is heading several institutions together with three offices of Government Examiner on Question Documents located at Shimla, Kolkata and Hyderabad. Thus he is obliged to travel extensively and has little time for office work, which accounts for the delay in responding to the RTI 2 applications. He has also submitted in the hearing a written statement of 10.6.08, which has been placed on record.
In this he has submitted as follows:
"iv) In order to complete my above mentioned official duties, my engagements during the period from 25.1.2007 to 22.2.2007 (28 days) is detailed below: -
25.1.2007 CSIO, Chandigarh Attended R&D meeting on T-Rays.
26.1.2007 Gazetted Holiday, being Republic Day 27.1.2007- Week end Holidays 28.1.2007 28.1.2007- FSL & CBI, Bangalore Visited in connection with 29.1.2007 review of Technical & scientific services rendered by GEQD to CBI.
29.1.2007- CFSL, Kolkata Visited to oversee the
31.1.2007 arrangements made for
the Golden Jubilee
Celebrations of the
Laboratory
3.2.07- Weekend holidays.
4.2.2007
5.2.2007 CBI, Ghaziabad
10.2.2007 Karnataka Police, Chaired panel discussion
Bangalore in the 8th State Level
Conference of Karnataka
State Prosecuting Officers.
10.2.2007- Week end holidays
11.2.2007
12.2.2007 MHA, Jaisalmer House
& NCRB, R. K. Puram
13.2.2007 NICFS, Rohini, MHA
North Block, MHA
Jaisalmer House
14.2.2007 MHA-Jaisalmer House
during 2nd half of day
16.2.2007 NSG, Manesar
17.2.2007- Weekend holidays.
18.2.2007
19.2.2007 FSL, Ahmedabad, Vertical Interaction Course
Gujarat of IPS Officers.
3
20.2.2007- Maldives Interaction with Maldives
27.2.2007 to make perspective plan
of FSL at Maldives
In view of above engagements, while performing my official duties, I could attend the office on 1,2,6 to 9 & 15 February 2007, only. On these days, I had to deal with a number of variety of pending matters related to three CFSLs and three GEs QD and the DFS Hqrs, in addition to other Central/ state FSL matters. During these seven days I have also prepared a tentative perspective plan for FSL, Maldives and also completed all the pre-visits formalities for visiting Maldives.
In spite of all above, I attended the office on 17.2.2009 (Saturday) and cleared the file related to the above issue and signed the letter.
My being out of station from 19.2.2007 to 26.2.2007, the above letter signed by me on 17.2.2007 was dispatched by the office on 20.2.2007."
Appellant Shri Pandey on the other hand submitted that when the information was submitted on 5.1.07, it is unacceptable that it was received only on 25.1.07 and pleaded documentary proof to establish such a fact.
DECISION NOTICE In this case it is clear that the initial information was sought from Dr. M. S. Rao in his capacity as CPIO when he was Chief Forensic Scientist. If, in this capacity he has a number of responsibilities which prevent him from giving due attention to RTI applications, it is not the applicant who should be taken to task by being made to wait for a response, but the officer himself who has taken on responsibility beyond his capacity. Nevertheless sub sec. (4) of Sec. 5 allows for a CPIO to "seek the assistance of any other officer as he or she considers necessary for proper discharge of his/her duties". Therefore, even was Dr. M. S. Rao otherwise preoccupied, it was open to him to nominate any other officer to ensure that the information sought by Dr. Pandey was actually provided to him. Because this was not done, we are obliged to conclude that the attention 4 required was not given to the application of Dr. Pandey till such time as Dr. M. S. Rao found convenient. We cannot, therefore, hold this to be in the spirit of the RTI Act, 2005. However, on the question of the gap between the dispatch of documents by the CFSL to the TCSFL and its receipt, we find that we have already examined this issue in the hearing of 1.4.09. This cannot now be reopened.
We, therefore, find CPIO Dr. M. S. Rao, Director cum Chief Forensic Scientist CFSL liable for penalty of Rs. 7000/- Shri Nirmal Jeet Singh Kalra, Jt. Secretary (C.S.), M.H.A., is directed to recover this amount from Dr. M. S. Rao, either directly or through deduction from his salary in two monthly installments, starting 3rd July, 2009. He will remit the same to Pay & Accounts Officer, Central Administrative Tribunal, C-1, Hutments, Dalhousie Road, New Delhi-110011 under intimation to Shri Pankaj Shreyaskar, Deputy Secretary and Joint Registrar of this Commission.
Reserved in the hearing to enable us to study the documentation this Decision is announced on this twelfth day of June 2005 in open chambers. Notice of this decision be given free of cost to the parties.
(Wajahat Habibullah) Chief Information Commissioner 12.6.2009 Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges, prescribed under the Act, to the CPIO of this Commission.
(Pankaj Shreyaskar) Joint Registrar 12.6.2009 5 6