Central Information Commission
Pritam Bhattacharya vs Department Of Millitary Affairs on 3 October, 2024
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No: CIC/DPTMA/C/2024/632692
CIC/DPTMA/C/2023/655397
CIC/BRDOR/A/2024/602289
CIC/DPTMA/A/2024/620474
CIC/DPTMA/C/2024/624030
CIC/BRDOR/C/2023/631118
Pritam Bhattacharya ....िशकायतकता /Complainant
.....अपीलकता/Appellant
VERSUS
बनाम
PIO,
DG, GREF, Seema Sadak Bhawan,
Ring Road, New Delhi - 110010.
PIO,
1589 PNR Coy, C/O 56 APO,
Jammu - 180010
PIO,
Office of the Chief Engineer, Project
Sampark (GREF), Kunjwani, Jammu-180010. .... ितवादीगण /Respondent
Date of Hearing : 18.09.2024
Date of Decision : 30.09.2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
The above-mentioned complaints and appeal have been clubbed together for
disposal through common order as these are based on RTI applications filed
by the same applicant seeking information from the same Respondent Public
Authority.
Page 1 of 26
CIC/DPTMA/C/2024/632692
Relevant facts emerging from complaint:
RTI application filed on : 18.06.2024
CPIO replied on : Not on record
First appeal filed on : 18.07.2024
First Appellate Authority's order : Not on record
2nd Appeal/Complaint dated : 24.07.2024
Information sought:
The Complainant/Appellant filed an RTI application dated 18.06.2024 seeking the following information:
1. I am submitting this application u/s 6, 7/6, 18, 19/8(b), 20, 22, 24/1 of the RTI Act, 2005 to supply me point wise, clear, cogent information [authentic document duly certified at foot and/or by an affidavit at my above stated residential address with a soft copy in my email id [email protected] A. Leave certificate 1016/Lve out/174/E1 dated 10/6/23 & 4/9/23 held in custody of your JD(L) Mr. Ajay Chand.
b. Amount of Ration Money paid in my bank account i.c.w. stated leave certificates along with copies of DO-II.
c. Main Office Attendance Register of your 1052 Fd Wksp w.e.f. 1/6/23 upto 2/1/24 duly highlight my name.
d. Appointment Letter and Joining Order i.c.w. stated leave certificate 1016/Lve out/174/E1 dated 10/6/2023.
e. Uniform & Clothing Issue Voucher and/or Allowances and Identity Card issued before me on June 2023.
f. Data sheet of Income Tax deducted from me by your SAO of PAO GREF upto this June 2024 & his name.
g. Data sheet of Income Tax w.e.f. Feb 2015 to June 2024 paid by Mr. Tezpal Singh, Mr. Neeraj Mada & SAQ h. Data sheet of my pay & allowances w.e.f. 1 Aug 2011 upto today of 2024 paid and/or forfeited by your Chief Engineer Mr. Tezpal Singh, Mr. Neeraj Mada in companion their tie up SAO of PAO. (Duly stop release of my salary wef. 1 Aug 2011 your Chief Engineer removed me from service whereas Hon'ble Division Bench reinstate me by the order dated 7/6/23 without giving liberty to impose suspension, inquiry, removal on me. i. Data sheet of my other entitlements w.e.f. 1 Aug 2011 upto June 2024 paid and/or forfeited by your Chief Engineer Mr. Tezpal Singh, Mr. Neeraj Mada in companion their tie up SAO of PAO GREF. Hon'ble Div Bench Page 2 of 26 reinstate me by order dated 7/6/23 without giving liberty to impose suspension, inquiry & removall j. Monthly Pay Slips of Pritam Bhattacharya w.e.f. June 2023 to June 2024 & we.f. Mar 2011 upto Mar 2015.
k. Date of my re-instate in service along with concerned DO-II, order of your Chief Engineer Mr. Tezpal Singh, L. Date of my suspension along with concerned DO-II and order of your Chief Engineer Mr. Tezpal Singh.
m. Both Recommendations of Review Committees, constituted at o/o Director General BR GREF to increase my suspension upto 3 Mar 2024 along with Data sheet of Subsistence Allowance paid w.e.f. 1/8/11- 3/3/24.
n. Recommendations of the 1, 2 & 3 Inquiry Officer to impose major penalty of my removal from service.
o. Policy and/or Authority of exemption from my cross-examination of your Chief Engineer Mr. Tezpal Singh & his partner Mr. Balkar Singh, Mr. Garjeet Singh & others i.c.w. shifting of my identity card 70971 before police to trap me X-border smuggling duly maintaining their office record "identity card 70971 destroyed by buming", repeated restrictions of my joining, destruction of my leave applications, sealed blank envelops.... p. Daily Order Sheet 7, 8 and statements of three witnesses on 28/10/23 of Mr. Tezpal Singh i.c.w. 3rd Inquiry.
q. Discharge Certificate i.c.w. my removal from service and DO-II and concerned order of the Chief Engineer.
r. All papers i.c.w. Action taken from Chief Engineer Mr. Tezpal Singh on my 4 applications dated 21/7/2023.
s. All papers i.c.w. Action taken from your Chief Engineer Mr. Neeraj Madan on my application dated 24/5/24.
t. Present Status of the Court Martial of Brig. Mr. Tezpal Singh & Mr. Neeraj Madan on bulldozed state of my rights by their white collar crime whereas my rights granted by the Universal Declaration of Human Rights.
u. All papers ic.w action taken from Mr. Raghu Srinivasan, Director General BR of General Reserve Engineer Force on my complaint dated 11/6/24 toward removal from service of his Chief Engineer Mr. Neeraj Madan, Mr. Tezpal Singh on account of their series of white collar crime on my survival w.e.f. Nov 2021 upto today.
V. All papers ic. w. action taken from Mr. Raghu Srinivasan, Director General BR of General Reserve Engineer Force, on my application dated 11/6/24 to release my full pay-allowances w.e.f. 1 Aug 2011 upto today with promotion cum posting at 532 SS&TC Siliguri in the post of Executive Page 3 of 26 Engineer (which is due w.e.f. Aug 2022 as per affidavit of Uol] & rest all [hold by Chief Engineer Mr. Neeraj Madan through white collar crime).
2. It is to inform you that General Reserve Engineer Force not included in 2 Schedule of the RTI Act. My application directly concemed with GREF department and white collar crime of your Chief Engineer Mr. Tezpal Singh and Mr. Neeraj Madan. It is also to mention here that Prime Minister and Defence Minister are Chairman and Dy. Chairman of BRDB whereas PMO and MoD not exempted from the RTI Act. Object of the RTI Act is to ensure transparency in the functioning of the Departments and this cannot be thwarted by the Government. The RTI Act framed and brought into force to foster an openness culture. Information seekers are to be furnished what they ask for,.. they are not to be driven away through sheer inaction or filibustering tactics of the public authorities or their officers. Time limits prescribed in absolute terms, as well as penality provisions. These are for a robust and functioning democracy
3. I state that the information sought does not fall within the restriction of the Act and to the best of my knowledge it pertains to your establishment. IPO 64F-757608 enclosed for supply stated information. I am ready to pay extra charge if any. Your co-operation highly solicited to avoid legal consequences. Treat it as extreme urgent matter.
Having not received any response from the CPIO, the complainant/appellant filed a First Appeal dated 18.07.2024. The FAA's order is not on record.
Feeling aggrieved and dissatisfied, complainant/appellant approached the Commission with the instant Complaint.
CIC/DPTMA/C/2023/655397 Relevant facts emerging from complaint:
RTI application filed on : 14.11.2023 CPIO replied on : Not on record First appeal filed on : Not on record
First Appellate Authority's order : Not on record 2nd Appeal/Complaint dated : 18.12.2023 Information sought:
The complainant/appellant filed an RTI application dated 04.10.2023 seeking the following information:Page 4 of 26
1. Please supply me the following information through speed post at my residential address a. Order dated 14/6/23, 12/7/23 and 19/8/23 of Shri Tezpal Singh, Chief Engineer (P) Sampark, appointed Shri Balkar Singh as Presenting Officer through memorandum dated 14/6/2023.
b. Order dated 5/9/23 & 30/9/23 issued before Shri Balkar Singh from Commander, WSD (GREF) c. All documents submitted by presenting officer Shri Balkar Singh before IO, keeping me (charge official) in dark along with the list of date wise incidents prepared from his end against me.
d. Under which circumstance, being presenting officer Shri Balkar Singh denied to present concerned officials of 2011-16 before IO and infringed my rights to cross-examine them.
e. Daily order sheet no 7 dated 25 Oct 2023 along with Daily order sheet no 10.
f. Both statements dated 28/10/23 and 31/10/23 of witnesses named Shri Avikant Agrawal (OC 1052 F/W), Shri Ashok Kumar (OS 1052 F/W) & Shri Dhage Bhagwat (Adm Supvr 1052 F/W).
g. Oath/Affirmation paper of Presenting Officer Shri Balkar Singh along with his last salary slip.
h. Under which circumstances Presenting Officer failed to conclude the inquiry in between 14/6/2023 to 12/7/2023 (order of inquiry cancelled by the Chief Engineer Project Sampark).
Having not received any response from the CPIO, complainant/appellant approached the Commission with the instant Complaint.
CIC/BRDOR/A/2024/602289 Relevant facts emerging from appeal:
RTI application filed on : 04.10.2023 CPIO replied on : Not on record First appeal filed on : 14.11.2023
First Appellate Authority's order : Not on record 2nd Appeal/Complaint dated : 15.01.2024 Information sought:
The Appellant/Complainant filed an RTI application dated 04.10.2023 seeking the following information:Page 5 of 26
1. Please supply me following information through speed post at my home address.
a. Appointment letter issued in favour of Pritam Bhattacharya from Shri Tezpal Singh, Chief Engineer ic.w. order of The Hon'ble High Court. Without appointment letter suspension, inquiry else biased. b. Data sheet of the Subsistence Allowance paid before Pritam Bhattacharya we.f. Aug 2011 upto today of 2023 under Article 21 of the Constitution i.c.w. suspension imposed by Brig. Tezpal Singh. c. Order of appointment of Shri H. K. Sood as Inquiry Officer issued by the Chief Engineer Sampark. (I've sealed envelopes with caption confidential 90/E1E dated 19 Aug 23 and others but looks empty from inside, so Hon'ble High Court at Jammu asked Mr. R. P. Srivastava to remain present in Court).
d. All papers certified at foot by Shri Balkar Singh i.c.w. his appearance as Presenting Officer before the Inquiry Officer, Shri H. K. Sood (till not a single paper provided before me to restrict my reply). e. Copy of Orders issued from Disciplinary Authority and/or Inquiry Officer before Col P. Satyanarayan, Brig B. Bhattacharyya, Brig Tezpal Singh, JD Shri R. P. Srivastava, innocent AEE Shri Munshi Lal and AE Shri M. Vasiveeraval to present inquiry on 16/10/23 for their X-examination from this end.
f. Movement order and connecting all papers like flight tickets, date-time of reporting at PAO GREF Pune and date-time of despatch from PAO GREF Pune and TA DA claims of Shri R. P. Srivastava g. All sanctions from o/o the Brig. Tezpal Singh, Chief Engineer Sampark (GREF) ic.w. Casual Leaves of the Suspended Engineer Pritam Bhattacharya & Ration Money paid in his DSP bank a/c of CLs h. Record Office Instructions (Revised Edition) 2019 of General Reserve Engineer Force.
i. Letter dt. 16/6/23 & encis submitted before the Hon'ble High Court Calcutta from project Sampark j. All papers of inquiry proceedings i.c.w. letter 14012/Discp/31TF/P Bhattacharya/30/E1E dated 19/6/2014 along with Discharge Certificate issued against Pritam Bhattacharya upto 6 June 2023 Having not received any received any response from the CPIO, the Appellant/Complainant filed a First Appeal dated 14.11.2023. The FAA order is not on record.
Feeling aggrieved and dissatisfied, Appellant/Complainant approached the Commission with the instant Second Appeal.
Page 6 of 26CIC/DPTMA/A/2024/620474 Relevant facts emerging from appeal:
RTI application filed on : 19.01.2024 CPIO replied on : Not on record First appeal filed on : 19.02.2024
First Appellate Authority's order : Not on record 2nd Appeal/Complaint dated : 09.05.2024 Information sought:
The Appellant/Complainant filed an RTI application dated 19.01.2024 seeking the following information:
1. Supply me following information (certified documents) a. Copy of my Appointment letter of April 2023 issued from CE(P) Sampark Lc.w order dt. 3/4/23 b. Copy of my Appointment letter of June 2023 issued from CE(P) Sampark ic.w, order dt. 7/6/23 c. Copy of my Uniform Issue Voucher/ Uniform allowances of April 2023 and/or June 2023 d. Copy of my identity Card of April 2023 and/or June 2023 issued from your 1052 Fd Wksp (My old identity card 70071 destroyed by burning by your DC 1052 in the year 2011 and new Identity cart 78381 taken in custody by Mr. Joshi Kumar 2 C 11052 in 2016 for interview with Commander 31 TF) e. Copy of my monthly Pay silp of April 2023 and/or June 2023 ic w order dated 3/4/23 or 7/6/23 f. Copy of order dated 7/6/23 and 19/6/23 where liberty to impose suspension, inquiry else on me provided before Mr. Tezpal Singh and Mr. Neeraj Madan, Chief Engineer Sampark.
g. Copy of the order of Mr. Tezpal Singh, Chief Engineer (P) Sampark re-
instated me in service h. Copy of pages of Main Office attendance register of 1052 F/W wef 1/4/2023 upto 30/09/2023 i. Copy of order of Mr. Tezpal Singh, Chief Engineer (P) Sampark suspended me from service j. Copy of recommendations of the Review Committee, New Delhi to increase my suspension upto Mar 2024 & Data sheet of Subsistence Allowance paid we.f. 1/8/2011 upto 31/12/2023.
Page 7 of 26k. Copy of recommendation placed before CE(P) Sampark by the 1 and 2 Inquiry Officer Mr. Janardhan Sunki, to impose major penalty of removal from service of Pritam Bhattacharya l. Copy of recommendation placed before CE(P) Sampark by the 3 Inquiry Officer Mr. Hari Krishan Sood, to impose major penalty of removal from service of Pritam Bhattacharya m. Copy of my IAFY Discharge Certificate issued by Mr. Neeraj Madan, Chief Engineer Sampark n. Copy of my Salary wef. 1 Aug 2011 to 31 Dec 2023 paid/forfeited by CE, Mr. Neeraj Madan o. Data sheet of GPF, PLI premium deducted from my salary & forfeited by Mr. Neeraj Madan p. Copy of posting in & out order of Mr. Neeraj Madan & Mr. Tezpal Singh and Compensation paid before me of my harassments, damages, mental agony etc under their criminal conspiracies.
Having not received any received any response from the CPIO, the Appellant/Complainant filed a First Appeal dated 19.02.2024. The FAA order is not on record.
Feeling aggrieved and dissatisfied, Appellant/Complainant approached the Commission with the instant Second Appeal.
CIC/DPTMA/C/2024/624030 Relevant facts emerging from complaint:
RTI application filed on : 02.05.2024 CPIO replied on : Not on record First appeal filed on : Not on record
First Appellate Authority's order : Not on record 2nd Appeal/Complaint dated : 06.06.2024 Information sought:
The Complainant/Appellant filed an RTI application dated 02.05.2024 seeking the following information:
1. I am submitting this application u/s 6, 7/6, 18, 19/8(b), 20, 22, 24/1 of the RTI Act to supply me point wise, clear, cogent information | authentic documents ) at my residential address with soft copy in email id [email protected] for onward submission before the appropriate forums to ack. compensation of my mental agony, Page 8 of 26 harassment, damage, losses, abuse of power, negligence in duty, deficiency in service of Shri Tashi Rabstan & others of High Court J&K a. Copy held in your custody of order dated 7/6/23 of the Division Bench of J&K in contempt of court case CCP(D) 29/23 & order dated 3/4/24 of contempt of court case CCP(D) 61/24 b. Copy of Appointment letter of June 2023, Uniform Issue Voucher and/or Allowances of June 2023, Identity card of June 2023 of Pritam Bhattacharya submitted before the High Court J&K by the respondents in compliance order dated 7/6/23 of CCP(D) 29/2023.
C. Copy of Pay-Allowances w.e.f. 1/8/2011 upto 11/12/2023 and Maturity Benefit of policies of Pritam Bhattacharya paid and submitted before the High Court at Jammu by the respondents in compliance order dated 7/6/23 of contempt case CCP(D) 29/2023.
d. Copy of Main Office attendance register of 1052 Fd Wksp from 9/6/2023 to 11/12/2023 [appended with signature of Pritam Bhattacharya] submitted before the High Court J&K by the respondents in compliance order dated 7/6/23 of contempt case CCP(D) 29/23 e. Copy of Punishment & Penalty imposed on respondent Shri Tezpal Singh, Shri R.C. Pandey, Shri R.P. Srivastava against non, compliance of the division Bench order dated 7/6/23 of contempt of court case CCP(D) 29/2023 of order dated 3/4/23 of LPA 117/2022.
f. Rule Framed by Shri Tashi Rabstan of High Court J&K in contempt case CCP(D) 29/2023.
g. Rule Framed by Shri Tashi Rabstan of High Court J&K in contempt case CCP(D) 61/2023.
h. Copy of Main Office attendance register of 1052 Fd Wksp from 3/4/2023 to 3/4/24 [appended with signature of Pritam Bhattacharya] submitted before the High Court by the respondents i.c.w. contempt case CCP(D) 61/23 of order dated 3/4/23 of LPA 117/22.
I Copy of Appointment letter of April 2023, Uniform Issue Voucher and/or Allowances of April 2023, Identity card of April 2023 of Pritam Bhattacharya submitted before High Court J&K by the respondents i.c.w. order dated 3/4/24 of contempt case CCP(D) 61/2023. j. Copy of Punishment & Penalty imposed by the High Court Jammu on respondent Shri Tezpal Singh, Shri R.C. Pandey, Shri R. P. Srivastava, Shri Neeraj Madan, Shri Avikant Agarwal i.c.w. contempt case CCP(D) 61/23 of order dated 3/4/23 of LPA 117/22.
k. Action Taken or outcome of Court of Inquiry, initiated by the Chief Engineer Sampark Mr. Tezpal Singh & Mr. Neeraj Madan on concerned Page 9 of 26 public authorities against maintaining record 'Identity card 70971 has been destroyed by burning' whereas my identity card 70971 shifted before police to trap me x-border smuggling & then fake police case charged l. Amount paid from your end before CGSC & DSGI in LPA 117/22, CCP(D) 29/2023 and 61/23 along with other charges from filing of LPA 117/22 upto disposal of CCP(D) 61/2023.
Having not received any response from the CPIO, the Complainant/Appellant approached the Commission with the instant Complaint.
CIC/BRDOR/C/2023/631118 Relevant facts emerging from complaint:
RTI application filed on : 25.05.2023 CPIO replied on : Not on record First appeal filed on : Not on record
First Appellate Authority's order : Not on record 2nd Appeal/Complaint dated : 26.06.2023 Information sought:
The Complainant/Appellant filed an RTI application dated 25.05.2023 seeking the following information:
1. I am submitting this application for your necessary action on subject matter ic.w your letter no 14313/WP/31TF/P. Bhattacharya./07/E1G dated 19 April 2023 with caption earlier so many correspondences have been made by this office with your above address, but all letters has been received back without acceptance of letter with unclaimed remarks each and every time.
2. That after order dated 1/3/2023 of the Hon'ble Commission passed in my favour and against Chief Postmaster General, delivery of incoming letter is normal instead of unclaimed remarks.In addition as per direction of the Hon'ble Commission, affidavit submitted by the Superintendent of Post Offices Murshidabad stating that...we inspite of searching records thoroughly, could not trace out and/or found the intimation letters as sought by the appellant. Theconclusion of affidavit of the Superintendent of Post Officesiswithout serving intimation letter (i.e.) keeping me in dark, my incoming letters malafidely returned with unclaimed remarks.Page 10 of 26
3. Toward justice against abuse of power of the Superintendent of Post Offices Murshidabad, you are hereby requested to provide me information (i.e.) both ends of all envelops and concerned enclosures of your Project Sampark, 31 BRTF and 1052 FdWksp returned from this end w.e.f. 2012 upto today with unclaimed remarks from Post Office Khagra of Murshidabad District.
4. I am enclosing IPO of Rs. 10/- Your cooperation highly solicited to provide me information (ie) both ends of envelops & concerned enclosures of your Project Sampark 31 BRTF and 1052 FdWksp returned from this end w.e.f. Jan 2012 upto today with unclaimed remarks olo Postmaster Khagra Having not received any response from the CPIO, Complainant/Appellant approached the Commission with the instant Complaint.
Relevant Facts emerged during Hearing:
The following were present:-
Complainant/Appellant: Along with Mr. Bikas Kar Gupta, Advocate present in person.
Respondent: Mr. R Vijay Raju, Sr. Adm. Offr./PIO, project Sampark, Jammu present through video-conference.
A written submission dated 09.09.2024 filed by the complainant/appellant in each case separately claiming award for compensation for alleged non-receipt of information is taken on record. Contents of the same are reproduced below:-
"Written Submission i.c.w. hearing dated 18/9/2023 with humble prayer before the Hon'ble Information Commissioner to (1) Impose maximum penalty on respondents & recommend disciplinary actions against them u/s 18, 20(1), 20(2) as the information denied malafidely and intentionally by them @ white collar crime from their part to safeguard dealing officers. (2) Pay me compensation Rs. one crore from them u/s 19/8(b) to compensate my losses, mental agony, harassments, damages and other expenditures. (3) Provide me point wise, clear, cogent information [authentic document] u/s 7/6, 22, 24/1 of the RTI Act duly certified at foot by the respondents and/or by an affidavit from the Page 11 of 26 respondents stating that information @ authentic document as sought already destroyed by them, so not available in their office record Sir,
1. I am submitting this with humble prayers u/s 6, 7/6, 18, 19/8(b), 20, 22, 24/1 of the RTI Act pl.
2. That to enforce my fundamental rights, application and appeal under the RTI Act, 2005 submitted before the CPIO and FAA whereas upto today, respondents not provided me point wise, clear, cogent information [authentic documents] being professional to mislead Commission & Court
3. On this scenario self-explanatory orders of the Supreme Court & High Courts :-
a. A Judge also presides to see that guilty man does not escape. b. Ultimate object of the legal system is to punish the guilty and protect the innocent, duly pay compensation before victim from guilty. c. Forgery, criminal conspiracy, cheating & taking gratification can't be a part of official discharge of duty of public authority. d. State machinery being misused for ulterior motives and for causing harassment to the other side, we are thus inclined to impose cost on respondent to compensate the appellant.
e. Ultimate object of the legal system is to punish the guilty and protect the innocent, duly pay compensation before victim from guilty.
1. The Court cannot be unmindful of the circumstances under which the Act was framed and brought into force. It seeks to foster an openness culture among state agencies and a wider section of public authorities whose actions have a significant or lasting impact on the people and their lives. Information seekers are to be furnished what they ask for,..
they are not to be driven away through sheer inaction or filibustering tactics of the public authorities or their officers. It is to ensure these ends that time limits have been prescribed in absolute terms, as well as penalty provisions. These are meant to ensure a culture of information disclosure so necessary for a robust & functioning democracy............................Mujibur Rehman Vs CIC
2. Page 12 of 26 g. The object of the RTI Act is to ensure transparency in the functioning of the Departments and this cannot be thwarted by the Government on ground that voluminous information is being sought and therefore the information can not be provided. The Government also cannot deny information on the ground that it will take time to collect the information. In view of the above, this court is inclined to a direction to the petitioner to provide the information sought for by the respondent....Govt. of NCT Delhi Vs PS Dhillon
5. Prayer before the Hon'ble Information Commissioner to a. Impose maximum penalty on respondents and recommend disciplinary actions against them u/s 18, 20(1), 20(2) of the RTI Act, 2005 as the information denied malafidely and intentionally by them to safeguard their dealing officers @ white collar crime by their part. b. Pay me compensation Rs. one crore from respondents u/s 19/8(b) of the RTI Act 2005 to compensate my losses, mental agony, harassments, damages, all expenditures.
c. Provide me point wise, clear, cogent information [authentic document] u/s 7/6, 22, 24/1 of the RTI Act duly certified at foot by the respondents and/or by an affidavit from the respondents stating that the information @ authentic document as sought not available in their office record."
Complainant/Appellant contended that no information has been provided to him till date. He further challenged the action of Respondent Public Authority by alleging that empty envelopes were sent to him in the form of replies which is not a valid response. He further claimed that despite order of Hon'ble High Court for resuming his services with immediate effect, the respondent organization has failed to adhere to the directions of the Hon'ble High Court. Therefore, it was challenged by the appellant by filing contempt petition. He prayed the Commission to grant time to file a detailed written submission incorporating the factual background and chain of events pertaining to his case, which was allowed by the bench.
Page 13 of 26Respondent submitted that reply along with available information has already been provided to the complainant/appellant earlier in response to his various similar RTI applications and after receipt of hearing notice from the Commission, a revised reply with all relevant enclosures is given to the appellant/complainant vide letters dated 04.09.2024 and 07.09.2024. During hearing, the complainant/appellant outrightly denied the receipt of reply/information from the respondent CPIO, in response to which, the CPIO in case File No. CIC/DPTMA/C/2024/632692, handed over a copy of his written submissions dated 04.09.2024 with relevant enclosures to the complainant/appellant during the hearing, which is taken on record. Respondent further invited attention of the Commission towards their written submissions, contents of which (case-wise) are reproduced below for ready reference -
CIC/DPTMA/C/2024/632692 A written submission dated 04.09.2024 filed by the Respondent is taken on record, contents of the same are reproduced below:
"...2. Shri Pritam Bhattacharya had submitted his RTI offline application dated 18 Jun 2024 requesting numerous information related to service matter. Since the applicant was serving with 1052 Field Workshop under Project Sampark (Jammu) hence matter relates to them, accordingly, RTI application was transferred to respective CPIO Project Sampark vide letter No. 11022/DGBR/AppIn/179/RTI Cell dated 27 Jun 2024 under info to the applicant (Copy enclosed).
13.Accordingly, the above RTI application has been disposed off by CPIO. Project Sampark vide letter No. 13000/RTI/PB/88/RTI Cell dated 03 Aug 2024 within the time frame stipulated in the RTI Act (Copy enclosed)
13.On perusal of above notice, it is seen that respondent is made CPIO, HQ DGBR whereas the case pertains to CPIO, HQ CE (P) Sampark (Jammu).
5. In view of above, it is humbly requested that necessary amendment may please be made in CIC notice to allow CPIO, HQ Sampark as main respondent to put the facts at the time of hearing."
Contents of reply dt. 03.08.2024:
Page 14 of 261 Ref your offline RTI application dated 18 Jun 2024 transferred under Section 6 (3) of RTI Act 2005 vide HQ DGBR letter No. 11022/DGBR/Appin/179/RTI Cell dated 27 Jun 2024 received by this Office on 06 Jul 2024
13.It is inform that as per Section 24 of Chapter-VI (Item 21 of Second Schedule of RTI Act 2005), Border Roads Organisation being an executive arm of BRDB (Now MoD (BR) is exempted from operation of RTI Act 2005 except in case of corruption/violation of human rights Moreover, as per CIC, New Delhi Order No. CIC/CC/A/2015/002300 dated 23 Sep 2016 and CIC/CC/A/14/000761/DP dated 29 Apr 2016 service related matters should not be sought under RTI Act unless it is a case of violation of Human Rights and allegation of corruption.
13.However, the requisite information as per your application dated 18 Jun 2024 are furnish as below:-
(13) Para 1 (a): All leave certificate have been handed over to you by 1052 Fd Wksp before proceeding on leave. However, photocopy of leave certificate No 1016 Lve Out/174/1 dated 10 Jun 2023 and 1016/Lve Out/83/E1 dated 04 Sep 2024 are enclosed as Appx-'A' & 'B'
(ii) Para 1 (b): You were placed under deemed suspension from service wef 01 Aug 2011 as per this HQ Order No. 14012/31 TF/PB/67/E1E dated 08 Jun 2023 and 14012/31 TF/PB/119/E1E dated 05 Sep 2023 for DE. DE was finalized and penalty of removal from service wef 02 Jan 2024 was imposed upon you by the Disciplinary Authority vide Order No. 14012/31 TF/PB/105/E1E dated 02 Jan 2024. DO Part 1 Order regarding Ration money will be published.
(iii) Para 1 I: You were placed under deemed suspension from service wef 01 Aug 2011 by Disciplinary Authority and fresh Departmental Enquiry was ordered. Hence Individual attendance in attendance register of 1052 Fd Wksp was restricted as per procedure in vogue.
(iv) Para 1 (d): It is intimated that as per department procedure, appointment letter is issued only at the time of initial appointment and there is no such order in vogue to issue subsequent appointment letter on his re-instatement in to service due to dismissal/removal/compulsory retirement.
(vi) Para 1 (f): Photocopy of PAO (GREF) letter No. PAO/GREF/LG? Couri Order/EX-GS-
185499X/2024 dated 29 May 2024 regarding due stateme... wef 14 Jan 2015 to 02 Jan 2024 and calculation sheet of income tax is enclosed as Appx-'C' Page 15 of 26
(vii) Para 1 (g): The information sought are same is not available with this Office. Related to third party information and
viii) Para 1 (h & i) Copy of PAO (GREF) letter No. PAO/GREF/LG2 Court Order/EX- GS- 185499X/2024 dated 29 May 2024 is enclosed as para 3 (vi) above.
(ix) Para 1 (j): Copies of Monthly Pay slips wef Jul 2023 to Oct 2023 has already provided to your vide this HQ letter No. 13000/RTI/38/ RTI Cell dated 14 Dec 2023. Copy of Monthly Pay Slips wef Nov 2023 to May 2024 is enclosed herewith as per Appx- 'D' to 'J'. Moreover, you were AWL wef 01 Aug 2011 to 13 Mar 2015 and removed from Service wef 14 Jan 2015. Hence, MPS wef Mar 2011 to Mar 2015 not available with 1052 Fd Wksp/ this Office.
(x) Para 1 (k): Copy of DO Part-II No. 0/0091/0001/2023 dated 13 Jun 2023 regarding re-instatement in service enclosed as Appx-'K'. Copy of Chief Engineer Sampark for re- instatement into service bearing Order No. 14012/31 TF/P/67/E1E dated 08 Jun 2023 already forwarded vide this Office letter No. 13000/RTI/PB/84/E1C dated 25 Jul 2024.
(xi) Para 1 (l) : Copy of DO-II No. 0/0095/0001/2023 dated 13 Jun 2023 & 0/0142/0001/2023 dated 07 Oct 2023 regarding suspension and DO- Part-II 0/0099/0001/2023 dated 11 Jul 2023 & 0/0142/0002/2023 dt 07 Oct 2023 regarding subsistence allowance alongwith Order of Chief Engineer Project Sampark 14012/31 TF/PB/119/E1C dated 05 Sep 2023 are enclosed as per Appx- 'L' to '0'.
(xii) Para 1 (m): Order for review of extension suspension up to 03 Mar 2024 issued vide HQ CE (P) Sampark Order No. 14012/31 TF/PB/74/E1E dated 02 Dec 2023 and Statement of Case for extension of suspension approved by the Chairmen dated 21 Nov 2023 is enclosed as Appx-'P' & 'Q'
(xiii) Para-1 (n & o): Only one inquiry was conducted and copy of inquiry report has already been handed over to your vide this HQ letter No.14012/31TF/PB/57/E1E dated 17 Nov 2023. As regards your Identity Card bearing No. 70971, it is intimated that as per records available your Identity Card has already been destroyed burning as per 1052 Fd Wksp letter No. 1062/31/E1 dated 30 Mar 2011. Copy enclosed as Appx-'R'
(xiv) Para-1 (p): Daily order sheets and other documents have already been handed over to you alongwith DE Proceedings vide this HQ letter No. 14012/31/PB/57/E1E dated 17 Nov 2023.
(xv) Para 1 (q): It is intimated that as per departmental procedure discharge certificate to a person will be issued only on his Superannuation/Voluntary retirement and Resignation from service. Copy of DO-Part-II No. 0/003/0001/2024 dated 06 Jan 2024 regarding Removal from Service is enclosed as Appx-'S. (xvi) Para 1 I: It is intimated that reply of your applications dated 21 Jul 2023 has already been furnished to you vide this HQ letter No. 14012/31 TF/PB/77/E1E dated 12 Aug 2023.
Page 16 of 26(xvii) Para 1 (s): Draft reply of your application dated 24 May 2024 has been forwarded to DGBR for approval vide this HQ letter No. 14012/31 TF/PB/Complaints/33/E1E dated 08 Jun 2024. Same will be furnished separately. (xviii) Para 1 (t & u): As per RTI Act, the Information which is available in material form is required to be provided to the Information seeker. Compiling, collating or creating any information, have no scope under RTI Ael 2005. (xix) Para 1 (v): The matter is sub judice with Hon'ble Supreme Court of India and as per directions of Hon'ble Supreme Court of India via order dated 17 May 2024 against SLP No. 4275/2024 filed by you, all back wages amounting to Rs. 36, 19,450/- wef 14 Jan 2015 to 02 Jan 2024 has been paid into your bank account No. 42005033052, SBI Jawahar Nagar, Rajouri (J&K) on 06 Jun 24 by PAO (GREF). As regard promotion, posting/transfer in r/o subordinates the same is being dealt by BRO Records.
4. Further as per CIC vide its decision No. CIC/AD/2013/001326-SA dated 25 Jun 2014 has decided that:-
(i) No scope of repeating under RTI Act
(ii) Citizen has no Right to Repeat
(iii) Repetitions shall be ground of refusal Appeals can be rejected.
Further, a SUBMISSION OF BRIEF ON BEHALF OF RESPONDENT BY CPIO HQ SAMPARK
13.It is submitted that Border Roads Organization (BRO) being subordinate and executive arm of Border Roads Development Board (BRDB) which is scheduled in 2nd Schedule of RTI Act 2005 and thus is exempted from its operation under Section 24 except cases of human rights violation and allegation of corruption vide Govt of India, Border Roads Development Board letter No. F/06/280-/BRDB/Admin-2005 dated 02 Mar 2006.
13.The applicant/appellant Shri Pritam Bhattacharya had submitted his RTI application dated 18 Jun 2024 addressed to the DGBR, Seema Sadak Bhawan, Narina, New Delhi-10 and same was transferred under Section 6(3) of the RTI Act 2005 vide HQ DGBR letter No. 11022/DGBR/Appin/179/RTI Cell dated 27 Jun 2024 which was received by this Office on 06 Jul 2024 (Annexure-l)
3.The CPIO Project Sampark vide letter No. 13000/RTI/88/RTI Cell dated 03 Aug 2024 had furnished the reply to the applicant. (Annexure-II)
13.Further, the individual had submitted 1st Appeal to Appellate Authority Project Sampark vide appeal dated 06 Aug 2024. The FAA had disposed off the appeal vide letter No. 1300/RTI/PB/92/RTI Cell dated 16 Aug 2024 Page 17 of 26 (Annexure-III). Since suitable reply to RTI Application dated 18 Jun 2024 has already been furnished by PIO, hence there is no intervention in this matter is considered necessary by FAA, HQ Sampark.
xxx
6. Now the appellant Shri Pritam Bhattacharya has filed 2nd appeal/complaint dated 26 Jul 2024 before Hon'ble CIC, it is noticed that the applicant has submitted RTI 1st appeal/2nd appeal without taking cognizance of information furnished by the CPIO/FAA of HQ CE (P) Sampark respectively.
7. It is also brought into notice of CIC that the applicant has been filing RTI applications regularly seeking information related to service matter. It appears that the applicant is habitual for filing RTI applications on varying subject on the service matter even then his court case with regard to his removal from service in sub judice. Before Hon'ble Supreme Court of India.
SUBMISSION BEFORE THE CIC
8. The CPIO, HQ CE (P) Sampark pray to lay down the following for kind perusal of the Hon'ble CIC.
9 Despite of being exempted organization, respective information with reference to his RTI application have already been furnished by The CPIO Project Sampark vide letter No. 13000/RTI/88/RTI Cell dated 03 Aug 2024 (Annexure-II)
10. Further the applicant has asked the information related to service matter. In this regard, attention is invited towards Hon'ble CIC decision No. CIC/CC/2015/002300 dated 23 Sep 2016 wherein it is held that "applicant should not approach to CPIO/FAA/CIC under RTI Act for service related info unless, it is a case of violation of human rights and/or allegation of corruption".
PRAYER
11. It is submitted that Border Roads Organization (BRO) being subordinate and executive arm of Border Roads Development Board (BRDB) which is scheduled in 2nd Schedule of RTI Act 2005 and thus is exempted from its operation under Section 24 except cases of human rights violation and allegation of corruption. 12 Hon'ble CIC decision No. CIC/CC/2015/002300 dated 23 Sep 2016 wherein it is held that "applicant should not approach to CPIO/FAA/CIC under RTI Act for service related info unless, it is a case of violation of human rights and/or allegation of corruption". Hence relevance of approaching CPIO/FAA/CIC under RTI Act in instant case for service related information and as elaborated above may please be ascertained by Hon'ble CIC
13. Further since RTI Application and appeal of the individual have been considered by the CPIO/FAA of HQ CE (P) Sampark and respective replies has made available have been furnished to the applicant with the purview of RTI Page 18 of 26 Act, therefore. It is prayed that 2nd appeal/complaint filed by the applicant Shri Pritam Bhattacharya may kindly be disposed off accordingly.
CIC/DPTMA/C/2024/624030 As per written submission of the Respondent available information has been provided to the Complainant/appellant vide letter dated 13.06.2024, which is as under:
2. Firstly, It is to inform you that BRO being subordinate and executive arm of Border Roads Development Board, which is included in 2nd Schedule of RTI Act 2005, and thus exempted from its operation under Section 24 except in the cases of human rights violation and allegation of corruption. Your instant application neither attracts allegation of corruption nor violation of Human Rights.
3. However, to keep good governance and transparency, the following available information in connection with above quoted RTI application are furnished below:-
Para 1 (a) Contempt petition No. CCP (D) 29/2023 and CCP (D) 61/2023 have been filed by you before Hon'ble High Court of J&K at Jammu. Since you had filed the petition against deptt, copy of orders issued by Hon'ble Court might have been provided either to the advocate of petitioner or to petitioner. Hence, please approach your advocate to provide the copies of both orders. Para 1 (b): In this connection please ref this HQ letter No. 14012/31 TF/PB/17/E1E dated 18 Jan 2024 addressed to you.
Para 1 (c): The SLP No. 4275/2024 filed by you before Hon'ble Supreme Court of India against the order of Disciplinary Authority i.e CE (P) Sampark is sub judicial and therefore your contention of P&A wef 1/08/2011 is premature and no reply can be furnished.
Para 1 (d): This is an official document with details of serving personnels. As per RTI act 2005, BRO is an exempted organisation for providing information other than information related to corruption and human right violation. Since your request made vide para (d) & (h) of your appln does not relate to any corruption or human right violation and therefore reply need not to be furnished.
Para 1 (e): As per RTI Act, the information which is available in material form is required to be provided to the information seeker. Compiling, collating or creating any information. have no scope under RTI Act 2005. Para 1 (f): Since you are the petitioner, copy of order in contempt case CCP (D) 29/2023 and 61/2023 is already available with you. Hence no reply needs to be furnished.Page 19 of 26
Para 1 (g): Since you are the petitioner, copy of order in contempt case CCP (D) 29/2023 and 61/2023 is already available with you. Hence no reply needs to be furnished.
Para 1 (h): This is an official document with details of serving personnels. As per RTI act 2005, BRO is an exempted organisation for providing information other than information related to corruption and human right violation. Since your request made vide para (d) & (h) of your appln does not relate to any corruption or human right violation and therefore reply need not to be furnished.
Para 1 (i): In this connection please ref this HQ letter No. 14012/31 TF/PB/17/E1E dated 18 Jan 2024 addressed to you.
Para 1 (j): As per RTI Act, the information which is available in material form is required to be provided to the information seeker. Compiling, collating or creating any information, have no scope under RTI Act 2005. Para 1 (k): As per RTI Act, the information which is available in material form is required to be provided to the information seeker. Compiling, collating or creating any information, have no scope under RTI Act 2005. Para 1 (l): The information sought vide these para is related to third party information and same is exempted to be disclosed under RTI Act 2005.
CIC/BRDOR/A/2024/602289 A written submission dated 07.09.2024 filed by the Respondent is taken on record, contents of the same are reproduced below:
2. Shri Pritam Bhattacharya had submitted an RTI application dated 02 May 2024 received on 13 May 2024 addressed to Chief Engineer Project Sampark wherein he sought some information /documents to his service related matters.
Accordingly PIO Project Sampark has furnished suitable reply to the applicant vide PIO letter No. 13000/RTI/PB/79/RTI dated 13 Jun 2024. Copy attd as Annex-l.
3. In this connection, Hon'ble Commission attention is invited to the CIC Order No CIC/CC/A/2015/002300 dated 23 Sep 2016 titled Shri Krishna Kant Upadhyay Vs HQ CE (P) Pushpak wherein it is held that " All Personnel serving in the organisation may be made aware of RTI Provisions, Special mention has to be made to them that for service related documents they shouldn't approach CPIO/FAA/CIC under RTI Act unless it is a case of violation of human rights allegations of corruption".
4 Further the individual had preferred an 1st appeal to Appellate Authority Project Sampark vide appeal dated 28 Jun 2024 and the same has also been disposed of vide Appellate Authority (P) Sampark letter No. 13000/RTI/PB/84/RTI Cell dated 25 Jul 2024. Copy attd as Annex-II.
Page 20 of 265 From the above correspondence it is crystal clear that all the available information with PIO against the RTI application dated 02 May 2024 have already been provided to the applicant within the time frame of RTI Act 2005.
6. Notwithstanding above, the individual is a habitual RTI applicant and trying to use the RTI as a tool for getting service related information by submitted frequent RTI applications is available to redress his service grievances.
7. Further, as per CIC, New Delhi Order No. CIC/AD/2013/001326-SA dated 25 Jun 2016:-
i) No scope of repeating under RTI Act..
ii) Citizen has no right to repeat.
iii)Repetitions shall be ground of refusal
iv) Appeals can be rejected Contents of PIO letter No. 13000/RTI/PB/79/RTI dated 13 Jun 2024:
2. Firstly, It is to inform you that BRO being subordinate and executive arm of Border Roads Development Board, which is included in 2nd Schedule of RTI Act 2005, and thus exempted from its operation under Section 24 except in the cases of human rights violation and allegation of corruption. Your instant application neither attracts allegation of corruption nor violation of Human Rights.
3. However, to keep good governance and transparency, the following available information in connection with above quoted RTI application are furnished below:-
Para 1 (a): Contempt petition No. CCP (D) 29/2023 and CCP (D) 61/2023 have been filed by you before Hon'ble High Court of J&K at Jammu. Since you had filed the petition against deptt, copy of orders issued by Hon'ble Court might have been provided either to the advocate of petitioner or to petitioner. Hence, please approach your advocate to provide the copies of both orders. Para 1 (b): In this connection please ref this HQ letter No. 14012/31 TF/PB/17/E1E dated 18 Jan 2024 addressed to you.
Para 1 (c): The SLP No. 4275/2024 filed by you before Hon'ble Supreme Court of India against the order of Disciplinary Authority i.e CE (P) Sampark is sub judicial and therefore your contention of P&A wef 1/08/2011 is premature and no reply can be furnished.
Para 1 (d): This is an official document with details of serving personnels. As per RTI act 2005, BRO is an exempted organisation for providing information other than information related to corruption and human right violation. Since your request made vide para (d) & (h) of your appln does not relate to any corruption or human right violation and therefore reply need not to be furnished.Page 21 of 26
Para 1 (e): As per RTI Act, the information which is available in material form is required to be provided to the information seeker. Compiling, collating or creating any information, have no scope under RTI Act 2005. Para 1 (f): Since you are the petitioner, copy of order in contempt case CCP (D) 29/2023 and 61/2023 is already available with you. Hence no reply needs to be furnished.
Para 1 (g): Since you are the petitioner, copy of order in contempt case CCP (D) 29/2023 and 61/2023 is already available with you. Hence no reply needs to be furnished.
Para 1 (h): This is an official document with details of serving personnels. As per RTI act 2005, BRO is an exempted organisation for providing information other than information related to corruption and human right violation. Since your request made vide para (d) & (h) of your appln does not relate to any corruption or human right violation and therefore reply need not to be furnished.
Para 1 (i): In this connection please ref this HQ letter No. 14012/31 TF/PB/17/E1E dated 18 Jan 2024 addressed to you.
Para 1 (j): As per RTI Act, the information which is available in material form is required to be provided to the information seeker. Compiling, collating or creating any information, have no scope under RTI Act 2005. Para 1 (k): As per RTI Act, the information which is available in material form is required to be provided to the information seeker. Compiling, collating or creating any information, have no scope under RTI Act 2005. Para 1 (l): The information sought vide these para is related to third party information and same is exempted to be disclosed under RTI Act 2005.
CIC/DPTMA/A/2024/620474 A per written submission dated 07.09.2024 of the Respondent, point-wise reply has been provided to the appellant vide letter dated 13.02.2024 which is as under:
Para 1(a) & (b) Replies to these paras have already been forwarded to vide this HQ letter No. 14012/31TF/PB/17/E1E dated 18 Jan 2024. Para 1(c) UMA is being paid to Govt employees once a year in the month of July along with regular P& A. Para 1(d) Identity Card is a confidential document as such copy cannot be given.
Para 1(e) Order of reinstate in service had been issued vide HQ CE (P) Sampark Order No. 14012/31TF/PB/67/E1E dated 08 Jun 2023. However pay slip from Jul 2023 to Oct 2023 has already been forwarded to you vide this HQ letter No.13000/RTI/PB/38/RTI Cell dated 14 Dec 2023.Page 22 of 26
Para 1(f) Copy of order dated 07/06/23 and 19/6/2023 is available in website of Hon'ble Court and same may be download from website. Para 1(g) & (i) In this connection, copy of HQ Sampark Order No. 14012/31TF/PB/67/E1E dated 08 Jun 2023 has already handed over to you through OC 1052 Fd Wksp vide your receipt dated 13 Jun 2023. However, copies of same again forwarded to you vide this HQ letter No.13000/RTI/PB/38/RTI Cell dated 14 Dec 2023.
Para 1(h) These are official document and same cannot be provided Para 1 (j) These are confidential, official docs and cannot be provided. Para 1(k) In this connection, ref para 13 of this HQ letter No.14013/31 TF/PB/105/E1E dated 02 Jan 2024.
Para 1(l) All connected documents of DE proceedings have already been handed over to you vide this letter No. 14012/31TF/PB/57/E1E dated 17 Nov 2023.
Para 1(m) You have been removed from service as such no Discharged Certificate issued.
Para 1(n) Salary is being paid by PAO (GREF). Copy of pay slip for the month from Jul 2023 to Oct 2023 has already been forwarded vide this HQ letter No. 13000/RTI/PB/38/RTI-Cell dated 14 Dec 2023. However, Copy of MPS for the month of Nov 2023 and Dec 2023 is enclosed herewith. Para 1(0) Reply of same has already been forwarded to you as per para 4 (j) of this letter No. 13000/RTI/PB/38/RTI Cell dated 14 Dec 2023. Para 1(p) These are official doc and cannot be provided.
Further, the FAA disposed of the First Appeal vide order dated 19.03.2024 affirming the reply of the CPIO.
CIC/BRDOR/C/2023/631118 As per written submission of the Respondent, reply has been provided to the Complainant/appellant vide letter dated 30.06.2023 which is as under:
1. Please refer to your following RTI application submitted to various public authorities of this HQ/units under command :-
(i) PF/PB-185499/Unclaimed letters dated 15 Apr 2023 addressed to Shri RP Srivastava, Joint, Director (Admn) and CPIO, Project Sampark
(ii) PF/PB-185499/Unclaimed letters dated 25 May 2023 addressed to Shri RP Srivastava, Joint Director (Admn) and CPIO, Project Sampark
(iii) PF/PB-185499/Unclaimed letters dated 26 May 2023 addressed to Brg Tejpal Singh and CPIO, Chief Engineer, Project Sampark, Shri RP Srivastava, Joint Director (Admn) and CPIO, Project Sampark and Shri RC Pandey, Executive Engineer and CPIO, OC 1052 Fd Wksp (GREF) Page 23 of 26
2. It is to inform you that BRO being subordinate and executive arm of Border Roads Development Board which is included in 2nd Schedule of RTI Act 2005 and thus is exempted from its operation under Section 24 except the cases of human rights violation and allegation of corruption. Your instant application neither attracts allegation of corruption nor violation of Human Rights.
3. Photo copy of undelivered envelops available with this office has already been forwarded to you in your home address given in the RTI application dated 30 Jun 2022 whereas the same received back undelivered. Copy of all undelivered envelops are again enclosed herewith as requested by you.
4. It is also informed to you that as per RTI Act 2005, a person, who desires to obtain any information under this Act, shall make a request in writing or through electronic means in English or Hindi or in the official language of the area in which the application is being made, accompanying such fees prescribed by Govt. Hence CPIO is not bound to reply to the request received through E- Mail.
5. Since you has re-instated in service, you may submit your grievances pertaining to service related matters to concerned authority through proper channel."
Decision The Commission, after adverting to the facts and circumstances of the case, and perusal of the records notes that in the instant matter CPIO has provided a reply in each cases vide their letters dated 03.08.2024, 13.06.2024, 13.02.2024, 30.06.2023 and now again vide their written submissions dated 07.09.2024 have provided information, which are found to be as per the provisions of the RTI Act. Complainant/Appellant has, by filing his complaints/appeals before the Commission, wilfully suppressed the vital fact that he received response from the respondent so as to make out a serious case of non-response. It depicts that he has not approached the Commission with clean hands, which is not appreciated.
Further, case File No. CIC/DPTMA/C/2024/632692, CIC/DPTMA/C/2023/655397, CIC/DPTMA/C/2024/624030 are a complaint filed under Section 18(2) the RTI Act where no further direction for disclosure of information can be given in the light of the judgement decision of the Hon'ble Supreme Court in the case of Chief Information Commissioner and another Vs. State of Manipur & Another reported in MANU/SC/1484/2011 : AIR 2012 SC
864. Page 24 of 26 The role of CIC is restricted only to ascertain if the information has been denied with a mala-fide intention or due to an unreasonable cause. Upon perusal of the facts on record and submissions of the Respondent the Commission finds that an appropriate timely reply has been given by the Respondent vide their letters 03.06.2023, 03.08.2023, 30.06.2023 and now vide their written submissions dated 07.09.2024. No mala-fide is established on part of the PIO in this case. Hence, intervention of the Commission is not required in the matter.
Nonetheless, the respondent is directed to provide a copy of his written submissions along with enclosures free of charge to the complainant/appellant through email and via speed post within one week from the date of receipt of this order.
As regards the claim of compensation filed by the complainant/appellant on 09.09.2024, it is noted that the CPIO has provided appropriate reply within the prescribed time limit despite being an organization exempted under Section 24 of the RTI Act. Moreover, no arguments/evidence has been filed by the appellant/complainant seeking to invoke the proviso below Section 24 of the RTI Act. There is no mala fide established on the part of CPIO. Further, it is noted that complainant/appellant has not given any proof of service of complaint/appeal on the Respondent CPIO which could establish his interest in seeking the information as per the RTI Act rather than preparing grounds for claiming compensation. It is an established process to serve a copy on opposite party for any document being filed before Adjudicating Body/Forum/Authority/Court, etc. Even copy of the claim for compensation has not been served on the Respondent Public Authority. The Commission cannot lose sight of the fact that he has been in litigation with the Respondent public authority and thus, is well aware of the basic requirement and necessity of serving copy of documents to the opposite party. Thus, his bona fide for entitlement to compensation has not been established ab-initio let alone it being established beyond any reasonable doubt. Further, since reply by the respondent CPIO was furnished within time limit, there is no ground left for considering his request for the same.
Page 25 of 26Notwithstanding the above, the conduct of the complainant/appellant is severely admonished because he did not bother to file written submission enumerating sequence of events and factual background in these matters despite having prayed for the same before the bench.
With the above observations, the instant Complaints and Appeals are disposed of, accordingly.
Vinod Kumar Tiwari (िवनोद कुमार ितवारी) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स ािपत ित) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:
The FAA, DG, GREF, Seema Sadak Bhawan, Ring Road, New Delhi - 110010.Page 26 of 26
Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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