Central Information Commission
Mr.Bharat Bhushan vs Ministry Of External Affairs on 14 November, 2011
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2011/002367/15652
Appeal No. CIC/SG/A/2011/002367
Relevant facts emerging from the Appeal:
Appellant : Mr. Bharat Bhushan,
14/32 B, Tilak Nagar,
New Delhi
.
Respondent : Mr. Manish Chauhan
Public Information Officer & Director (RTI) Ministry of External Affairs, O/o The Director (RTI) 619, Akbar Bhawan, Chankya Puri, New Delhi.
RTI application filed on : 31/01/2011 PIO replied on 07/04/2011 First Appeal filed on : 20/04/2011 First Appellate Authority order of : 02/06/2011 Second Appeal received on : 29/08/2011 Information Sought:
1. OTA files pertain to CD sections lying in CD section with effect from 2002-03 onwards.
2. Files/records pertain to appointment of Group 'D' employees.
3. Acquaintance rolls for the month of April 2005, May 2005 October 2008 and March 2009.
4. Records pertained to opening and closing time of al rooms maintained in CD Section with effect from 01/11/2010 onwards to prove employees are allowed to put incorrect time at the time of collecting keys.
5. Internal audit report for the year 2002-03 to 2007-08 in r/o O/o Pr. CCA/MEA.
6. File in regard to reply submitted by the department against complaint early reported by me to Foreign Secretary.
7. File pertains to complaint by SC Khurana Against me on dated 21/09/2006 The PIO Reply
1. In this connection, it is pointed out that you have been seeking information from the Office of the PrCCA on similar matters since the commencement of the RTI Act in Oct, 2005. During the inspections, you have been provided with copies of 829 pages of relevant records by the above Office.
2. The PIO has described about the CIC Decision No. in this point.
3. The PIO is made all efforts to provide relevant information and also to facilitate inspection of records, in response to your RTI applications filed earlier.
4. The PIO is made all efforts to provide relevant information and also to facilitate inspection of records, in response to your RTI applications filed earlier under section 7 (9) of the RTI Act, 2005
5. If you are aggrieved with this reply, you may file an appeal to FAA.
Grounds for the First Appeal:
Unsatisfactory reply was given by the PIO. Order of the First Appellate Authority (FAA):
"I have gone through the papers related to this appeal carefully. The office of the Principal Chief Controller of Accounts has advised that they have been responding to the applicant's RTI applications very regularly. The office of the Principal Chief controller of Accounts has stated "we have passed on all possible information which was in the possession of this office on each and every occasion. On the last occasion, in compliance of the orders of CID, the entire record room in the basement of Akbar Bhavan was thrown open for 5 working days and he had collected all records of his requirement and desire without any restriction whatsover" In these circumstances, I agree with the views expressed by the CPIO vide his letter no RTI/551/95/2011 of 7th April 2011.. "
Ground of the Second Appeal:
Unsatisfactory information had been given by the PIO.
Relevant Facts emerging during Hearing:
The following were present Appellant: Mr. Bharat Bhushan;
Respondent: Mr. Manish Chauhan, Public Information Officer & Director (RTI);
The appellant wants to inspect the following records:
1- Weeding out registers from September 2002 onwards.
2- Records relating to collecting and depositing the keys of rooms from November 2010 onwards. 3- OTA File pertaining to CD Section from 2002 onwards.
4- File records relating to the appoint Group-A employees from 2006 onwards. 5- Acquittance Roll for the period April 2005, May 2005, October 2008 and March 2009. 6- Internal Audit report for the period 2002 to 2008.
7- File pertaining to complaint by Mr. S. C. Khurana against him.
8- Gate pass register file from 2002 onwards. 9- OTA register maintained by the Department from 2002 onwards. 10- Absentee statements for the period September 2008 to December 2008 of Compilation Section. 11- Allocation of duty to officer as a controlling officer; 12- Total complaints made by the Appellant and communications/correspondence relating to it.
The PIO is directed to facilitate an inspection of the records relevant to the above points by the Appellant on 29 November 2011 from 10.30AM onwards at the office of the PIO. In case there are any records or file which the appellant believes should exist, which are not shown to him, he will give this in writing to the PIO at the time of inspection and the PIO will either give the files/records or give it in writing that such files/records do not exist.
Decision:
The Appeal is allowed.
The PIO is directed to facilitate an inspection of the records relevant to the points listed above by the Appellant on 29 November 2011 from 10.30AM onwards. The PIO will give attested photocopies of records which the Appellant wants free of cost upto 200 pages. This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties. Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi Information Commissioner 14 November 2011 (In any correspondence on this decision, mention the complete decision number.)(ANP)