Central Information Commission
Mrashok Kumar Jain vs Damodhar Valley Corp. on 16 March, 2016
CENTRAL INFORMATION COMMISSION
August Kranti Bhawan, Bhikaji Cama Place,
New Delhi-110066
F. No.CIC/ RM/A/2014/001816-YA
CIC.RM/A/2014/003495-YA
CIC/RM/A/2014/001872-YA
CIC/RM/A/2014/001996-YA
CIC/RM/A/2014/001873-YA
CIC/RM/A/2014/001709-YA
CIC/RM/A/2014/002082-YA
Date of Hearing 16.03.2016
Date of Decision : 16.03.2016
Appellant/Complainant : Shri A.K.Jain
NOIDA
Respondent : CPIO
Damodar Valley Corporation, Kolkata Information Commissioner : Shri Yashovardhan Azad Case No. RTI filed CPIO reply First appeal FAA order 001816 23.10.2013 28.11.2013 & 17.12.2013 15.01.2014 17.01.2014 003494 15.11.2013 20.12.2013 & 21.12.2013 15.01.2014 20.01.2014 001872 12.11.2013 17.12.2013 & 21.12.2013 15.01.2014 20.01.2014 001996 24.10.2013 28.11.2013 & 17.12.2013 15.01.2014 17.01.2014 001873 25.09.2013 01.11.2013 & 17.12.2013 16.01.2014 13.02.2014 001709 15.11.2013 20.12.2013 & 21.12.2013 15.01.2014 20.01.2014 002982 12.11.2013 17.12.2013 & 21.12.2013 15.01.2014 20.01.2014 CIC/ RM/A/2014/001816-YA The appellant vide his RTI application dated 23.10.2013 sought following information:
1. Letter dated 24.04.2013 approving the name of Shri D.R.Pathak, Ex. IG, CRPF in the panel of DVC for Inquiry Officers
2. Letter dated 16.04.2013 of Shri D.R.Pathak requesting DVC for his empanelment in DVC as inquiry officer
3. List of Inquiry Officers empanelled in DVC from outside DVC
4. Whether DVC has laid down any clear cut guidelines for empanelling retired officers from outside the DVC as IOs
5. Whether approval of CVO, DVC was taken or CVO, DVC was consulted before preparing the panel of retired officers from outside DVC
6. The authority who initiated the proposal for preparing the panel of retired officers as IOs in DVC from outside DVC. A copy of the relevant pages of file in which the proposal was moved and requested to inspect the same.
The CPIO vide letter dated 28th November, 2013 furnished point wise information against all other points except points 1 and 2 to the appellant. The FAA also upheld that reply given by CPIO is in order. The FAA has noted that only those information which are related to the disciplinary proceedings conducted against the appellant, pending till then, have been denied under provisions of Section 8 (1)(h) of the RTI Act, 2005.
CIC.RM/A/2014/003495-YA The appellant through an RTI application sought information against 5 points about the remuneration and other perks paid to Shri D.R.Pathak, Inquiry Officer. The CPIO vide letter dated 20.12.2013 denied the information u/s 8(1)(h) of the RTI Act, 2005. The FAA vide his order dated 15.01.2014 upheld that reply of CPIO is in order and directed him to provide a copy of the same to the appellant again, in the event that the appellant had not received the CPIO's reply dated 20.12.2013 earlier.
CIC/RM/A/2014/001872-YA The appellant vide RTI application dated 12.11.2013 sought copies of the communication between CVC and CVO DVC. CPIO vide letter dated 17th December, 2013 informed the appellant that no such exchange of communication had taken place between CVC and CVO in the matter of victimisation and denial of retirement benefit to the appellant by DVC management. The FAA also upheld that the reply of CPIO is in order.
CIC/RM/A/2014/001996-YA The appellant vide RTI application dated 24.10.2013 sought copies of correspondence between Shri D.R.Pathak, Inquiry Officer, Disciplinary Authority, Director (HRD) and any other officer in the DVC. The CPIO vide letter dated 28.11.2013 denied the information u/s 8(1)(h) of the RTI Act. The FAA also upheld the response of CPIO.
CIC/RM/A/2014/001873-YA Through this RTI application dated 25.09.2013, the appellant sought information against 6 points regarding appointment of Shri D.R. Pathak as Inquiry Officer. The CPIO vide letter dated 01.11.2013 denied the information u/s 8(1)(h) in respect of point No. 1 to 5. In reply to point No.6, a copy of the guidelines has been furnished to the appellant. The FAA also upheld the stand of CPIO in this regard.
CIC/RM/A/2014/001709-YA The appellant vide RTI application dated 15.11.2013 sought details of expenditure incurred on local transport and air journey of Shri Sudhir Mukherjee, the Presiding Officer appointed to conduct the enquiry proceedings of the appellant. The CPIO vide letter dated 20.12.2013 denied the information u/s 8(1)(h) of RTI Act, 2005. The FAA also upheld the stand of CPIO in this regard.
CIC/RM/A/2014/002082-YA The appellant vide RTI application dated 12.11.2013 sought information against 6 points with regard to Shri R.N.Sen, Chairman, DVC. The CPIO vide letter dated 17.12.2013 furnished point wise response to the appellant declining and/or avoiding most of the information. The FAA upheld that reply of CPIO is in order During the hearing the Respondent has submitted that the Enquiry against the appellant which was pending has since culminated into exoneration of the accused appellant and hence the information which was earlier denied can now be provided to the appellant.
DECISION:
In view of the submission of the Respondent that the pending Enquiry against the Appellant has come to an end and the appellant have been exonerated of all the charges, now there appears no cause to hold back the information. Accordingly, the Commission directs in these appeals as follows:
CIC/ RM/A/2014/001816-YA: Information against the two pending queries at points 1 and 2 to be provided by the CPIO within two weeks from the receipt of this order, with a copy marked to the Commission.
CIC.RM/A/2014/003495-YA: All the information as sought by the Appellant shall be provided by the CPIO, within four weeks from the receipt of this order, with a copy marked to the Commission.
CIC/RM/A/2014/001872-YA: An affidavit to be provided by the PIO, Vigilance to the appellant, with a copy to the Commission, clearly stating that no exchange of communication had taken place between CVC and CVO in the matter of victimisation and denial of retirement benefit to the appellant by DVC management. Needless to mention that should the contents of the affidavit are found to be incorrect and/or false, the deponent shall be held for perjury.
CIC/RM/A/2014/001996-YA: All the information as sought by the information seeker shall be provided within two weeks from the receipt of this order, with a copy marked to the Commission.
CIC/RM/A/2014/001873-YA: Information against points 1 to 5 of the RTI application shall be provided by the CPIO within two weeks of receipt of this order, with a copy marked to the Commission.
CIC/RM/A/2014/001709-YA: All the information that was denied on account of the pending enquiry shall now be provided, within two weeks of receipt of this order, since the enquiry proceedings have now concluded.
CIC/RM/A/2014/002082-YA: Information against points 3, 4, 5 and 6 are to be provided within two weeks of receipt of this order, with a copy marked to the Commission.
All of the appeals are thus disposed of on the above terms.
(Yashovardhan Azad) Information Commissioner 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.
( V.D.Naniwadekar) Designated Officer Copy to:-