Central Information Commission
Deepika Srivastava Sinha vs Department Of Atomic Energy on 16 November, 2019
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/DOATE/A/2018/139536
Deepika Srivastava Sinha ... अपीलकता /Appellant
VERSUS
बनाम
CPIO, Department of Atomic ... ितवादीगण /Respondent
Energy, Haryana
Relevant dates emerging from the appeal:
RTI : 13.03.2018 FA : 14.04.2018 SA : 21.06.2018
CPIO : no reply FAO : 25.04.2018 Hearing : 14.11.2019
ORDER
1. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Department of Atomic Energy (DAE), Haryana seeking information on three points regarding the salary of one Shri Vijendra Kumar Sinha S/o Shri Shambhu Nath Sinha, employed in DAE, Haryana, namely, (i) complete bifurcation of salary last drawn i.e. basic pay, D.A., HRA, CCA, any other allowances, total gross pay, PF deductions and any Page 1 of 4 other deductions, net pay, (ii) pay scale of the employee, and (iii) grade of the employee.
2. The appellant filed a second appeal before the Commission on the grounds that information has not been provided by the CPIO. The appellant further contended that she is the wife of the CPIO, and the information has not been provided with malafide intention by the CPIO. She further contended that the pay details as requested by her is to be submitted in the Hon'ble Court for claiming maintainance from her husband. The appellant requested the Commission to direct the CPIO to provide the information sought for.
Hearing:
3. The appellant, Ms. Deepika Srivastava Sinha and the respondent, Shri Vijender Kumar Sinha, Section Officer and CPIO, Department of Atomic Energy attended the hearing through video conferencing.
4. The appellant submitted that she vide her RTI application dated 13.03.2018 had sought information pertaining to Shri Vijendra Kr. Sinha including, inter-alia, complete bifurcation of salary last drawn, pay scale and grade. However, the respondent vide letter dated 16.05.2019 had wrongly denied the information sought for stating that it relates to the personal information Shri Vijendra Kr. Sinha (a third party) and the disclosure of which has no relationship with any public activity and would cause unwarranted invasion to the privacy of the individual, hence, the information is exempted under Section 8(1)(j) of the RTI Act.
5. The respondent submitted that the RTI application dated 13.03.2018 was not received in their office, and hence the same could not be replied to within the Page 2 of 4 stipulated time. He stated that the first appeal of the appellant was received, and the same was also adjudicated, but as the RTI application was not with the respondent, the same could not be replied to. Subsequently, in response to another online RTI application dated 22.03.2018 filed by the appellant, the information sought for has been provided to her vide letter dated 24.07.2018.
Decision:
6. The Commission, after hearing the submissions of both the parties and perusing the records, observes that due information has been provided to the appellant vide letter dated 24.07.2018 in response to another RTI application dated 22.03.2018.
7. Nonetheless, with respect to non-receipt of the RTI application dated 13.03.2018, the Commission directs the respondent to file an affidavit with the Commission deposing that the appellant's RTI application dated 13.03.2018 has not been received in their office. Hence, no information could be provided to the appellant within the stipulated time. A copy of the affidavit shall also be provided to the appellant. The above directions of the Commission shall be complied with, within a period of four weeks from the date of receipt of a copy of this order.
8. With the above observations, the appeal is disposed of.
Page 3 of 49. Copy of the decision be provided free of cost to the parties.
Sd/-
Sudhir Bhargava (सुधीर भागव)व) Chief Information Commissioner (मु य सूचना आयु ) दनांक / Date 15.11.2019 Authenticated true copy (अिभ मािणत स यािपत ित) S. S. Rohilla (एस. एस. रोिह ला) Dy. Registrar (उप-पंजीयक) 011-26186535 / [email protected] Addresses of the parties:
1. The First Appellate Authority (FAA) Department of Atomic Energy Global Centre for Nuclear Energy Partnership GCNEP, Jassaur Kheri, Bahadurgarh, Haryana-124505.
2. The Central Public Information Officer (CPIO) Department of Atomic Energy Global Centre for Nuclear Energy Partnership GCNEP, Jassaur Kheri, Bahadurgarh, Haryana-124505.
3. Mrs. Deepika Srivastava Sinha Page 4 of 4