Central Information Commission
Ashok Kumar Jain vs Damodar Valley Corporation on 27 December, 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/DVCOR/A/2022/632219
Ashok Kumar Jain ......अपीलकता /Appellant
VERSUS
बनाम
CPIO,
Damodar Valley Corporation,
DVC Towers, VIP Road,
Kolkata-700054 .... ितवादीगण /Respondent
Date of Hearing : 14/12/2022
Date of Decision : 14/12/2022
INFORMATION COMMISSIONER : Saroj Punhani
Relevant facts emerging from appeal:
RTI application filed on : 14/09/2021
CPIO replied on : 06/10/2021
First appeal filed on : 18/01/2022
First Appellate Authority order : 08/02/2022
2nd Appeal/Complaint dated : 12/06/2022
Information sought:
The Appellant filed an online RTI application dated 14.09.2021 seeking the following information:
"A complaint was made before the Chairman, DVC dated 18.07.2016 by the undersigned (Ashok Kumar Jain) on the subject: Note by CVO, DVC in the matter of Disproportionate Assets (DA) under PC Act against Shri Sanjay 1 Singh, Sr. Addl. Chief Accounts Officer, DVC and a letter dated 29.08.2011 by then Director, Soil Conservation Deptt. Hazaribagh under the subject Rape of DVC Exchequer at Hazaribagh. Thereafter, a reminder letter dated 10.09.2016 was again written to the Chairman and the same was handed over on 12.9.2016 to PS to Chairman, DVC (Shri A. Gupta) on the subject: Quote Deliberate inaction by Shri R N Sen, Ex-Chairman DVC during his tenure in DVC as Chairman in the matter of Disproportionate Assets (DA) under PC Act against Shri Sanjay Singh, Sr. Addl. Chief Accounts Officer, DVC due to unholy alliance between them Unquote. Copies of both the letters are enclosed. In the above context, please provide the following information under the RTI Act 2005:
1. Please inform the action taken report on the above-mentioned letters along with file movement and file noting. (Info relating to office of the Chairman/CVO -DVC) 2
2. Please provide copy of direction of the Chairman, DVC to CVO, DVC and report of CVO, DVC on the above complaint. (Info relating to office of Chairman, DVC & CVO, DVC)
3. Please inform the date on which the NOTE of CVO, DVC on a complaint lodged by Shri R. K. Mehta, Central Member, Jharkhand Mukti Morcha, Hazaribagh, which was forwarded by Shri Anjan Biswas, the then Section Officer, MoP, Delhi pertaining to alleged accumulation of assets disproportionate to the income of Shri S. K. Singh, ACAO, SCD, DVC, Hazaribagh was put up before the then Chairman, DVC and his note/direction/file noting on the note along with action taken report on the NOTE of CVO, DVC. (Info relating to office of Chairman-DVC)
4. Please provide copy of the communication received by CVO, DVC from Shri Anjan Biswas, the then Section Officer, MoP, Delhi, which was enclosed by CVO, DVC to the Chairman, DVC as Ann. 1 along with the above said NOTE of CVO, DVC."
The CPIO furnished a point wise reply while denying information to the appellant on 06.10.2021 under section 8(1)(g) & 8(1)(h) of the RTI Act, 2005.
Being dissatisfied, the appellant filed a First Appeal dated 18.01.2021. FAA's order dated 08.02.2022 upholds the reply of CPIO.
Feeling aggrieved and dissatisfied with the denial of information by the CPIO, the appellant approached the Commission with the instant Second Appeal.
2Relevant Facts emerging during Hearing:
The following were present:-
Appellant: Present in person.
Respondent: S. Sill, DCE & CPIO present through video-conference.
The Commission remarked at the outset that the instant Appeal of the Appellant has been heard together simultaneously along with his six more Second Appeals/Complaints. As regards the instant Appeal, no oral submissions as such have been tendered by the Appellant during the hearing.
The CPIO relied on her written submission dated 12.12.2022 wherein she reiterated her averred reply and further submitted that in the instant matter upon receipt of hearing notice, it was forwarded to their Vigilance Section and a revised reply in the instant matter was received from the concerned wing on 12.12.2022, relevant extract of which are as under -
"....3. Since the matter has been disposed now, facts relating to the matter referred in the RTI application of Shri A.K.Jain are mentioned below: a. The then CVO, DVC had referred the case of disproportionate asset in respect of Shri Sanjay Kumar Singh, the then Manager (Finance), DVC, Hazaribagh to CBI, Ranchi vide letter dt 15.09.2017. CBI, ACB Ranchi was requested vide letter dt 02.09.2021 to provide the latest status of the case. In response SP, CBI ACB, Ranchi vide letter dt 06.09.2021 has informed that the above mentioned case has been closed from their end. 4. Pursuant to detailed Report of DVC on the subject matter, CVC vide Its OM NO:
Conf13649/121511382 dt 25/04/2022 on the subject has stated as below: "The commission has perused the investigation report along with relevant records and the comments of the administrative authorities thereon and in agreement with the recommendations of CVO, the commission has decided lo allow the matter to rest.
5. Exemption from disclosure of information was sought as per clause 8 (g) and 8 (h) of the RTI Act 2005."
At the behest of the Commission, the CPIO agreed to share a copy of her revised reply with the Appellant.
Decision:
3The Commission upon a perusal of facts on record finds no infirmity in the reply and the further clarifications tendered by the CPIO during the hearing as it adequately suffices the information sought by the Appellant as per the provisions of RTI Act, leaving behind no scope of further relief in the matter.
However, in furtherance of hearing proceedings, the CPIO is directed to provide a copy of the written submission dated 12.12.2022 containing all the relevant enclosures pertaining to instant case, free of cost to the Appellant.
The above said direction should be complied by the CPIO within 15 days from the date of receipt of this order under due intimation to the Commission.
The appeal is disposed of accordingly.
Saroj Punhani (सरोज पुनहािन) हािन) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स#यािपत ित) (C.A. Joseph) Dy. Registrar 011-26179548/ [email protected] सी. ए. जोसेफ, उप-पंजीयक दनांक / 4