Central Information Commission
Mr (Dr.) Sourav Ghosh vs Damodar Valley Corporation on 13 May, 2019
के न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
निकायत संख्या / Complaint No. CIC/DVCOR/C/2017/603669
Sourav Ghosh ...निकायतकताग /Complainant
VERSUS
बनाम
CPIO, Damodar Valley Corporation, ...प्रनतवािीगण /Respondents
Mejia Thermal Power Station,
Bankura, West Bengal.
ORDER
1. A Show Cause Notice was issued to the CPIO& Dy. Director (HR), MTPS, Damodar Valley Corporation, Distt. Bankura, West Bengal on 28.02.2019, in compliance of the Commission's order No. CIC/DVCOR/C/2017/603669dated 24.09.2018, wherein the Commission has observed that the CPIO has not provided the information sought vide point no. 1 of the complainant's RTI application despite the FAA's order dated 03.10.2016. The CPIO was directed to explain as to why action under Section 20(1) of the RTI Act should not be initiated against him.
Page 1 of 5Hearing:
2. The respondent Shri G. Nandesu, Dy. Director (HR), Damodar Valley Corporation (DVC), Mejia Thermal Power Station (MTPS), Bankura, West Bengal attended the hearing through videoconferencing.
3. The respondent submitted that the FAA, DVS, Kolkata vide order dated 03.10.2016 directed the CPIO, DVC, Kolkata to communicate the decision by sending a copy of the same to the appellant and the CPIO, DVC, MTPS, Bankura.
However, Shri Angshuman Mandal, Joint Secretary and the CPIO, DVC, Kolkata did not comply with the above direction of the FAA's order. As he did not receive the FAA's order dated 03.10.2016, no information could be provided to the complainant within the stipulated time. He stated that the instant matter had come to his notice only after receiving the Commission's order dated 24.09.2018. Thereafter, he furnished the information sought for to the complainant vide letter dated 13.11.2018.
Interim Decision:
4. The Commission, after hearing the submissions of the respondent and perusing the records, notes that, as per the respondent,Shri Angshuman Mandal, Joint Secretary and the CPIO, DVC, Kolkata did not send the FAA's order dated 03.10.2016 to him, hence, no information could be provided to the complainant within the stipulated time.
5. In view of the above said, the Commission directs the Registry of this Bench to issue a Show Cause Notice to Shri Angshuman Mandal, Joint Secretary and the CPIO, DVC, Kolkata for explaining as to why action under Section 20(1) of the Page 2 of 5 RTI Act should not be initiated against him for not complying with the FAA's order dated 03.10.2016. The respondent Shri G. Nandesu, Dy. Director (HR), DVC, MTPS, Bankura, West Bengal shall ensure that a copy of this order is served upon Shri Angshuman Mandal, Joint Secretary and the CPIO, DVC, Kolkata.
6. The matter is adjourned to06.05.2019 at 01.20 PM.
Hearing on 06.05.2019:
7. The respondent Shri Angshuman Mandal, Joint Secretary and CPIO, Damodar Valley Corporation (DVC), Kolkata attended the hearing through video conferencing.
8. The respondent submitted that the RTI application pertains to CPIO, DVC, Mejia Thermal Power Station (MTPS) and not to him. Nonetheless, the FAA vide order dated 03.10.2016 had observed that:
1) The PIO, DVC, MTPS shall collect a copy of the relevant rule position from the deemed PIO by virtue of which leave was not granted and absence on 03.10.2015 and 04.10.2015 had been treated as unauthorized absence and extend it to the appellant within 14 days from the date of receipt of this order.
2) The PIO, DVC, MTPS shall also collect a copy of the Rule 57 A of DVC Service Regulations 1957 and send it to the appellant.
3) The CPIO, DVC, Kolkata will communicate the decision by sending a copy of the same to the appellant and PIO, DVC, MTPS within ten days from the date of receipt of the order.Page 3 of 5
He admitted that on receipt of the order of FAA on 21.10.2016, he had brought to the knowledge of the O/o the FAA that since the matter pertained to CPIO, DVC, MTPS, the order of the FAA may be directly sent to CPIO, DVC, MTPS. Consequently, he was advised by Shri Ashish Banerjee, Additional Director (HR and Disciplinary Section) to send a copy of the FAA's order to CPIO, DVC, MTPS. Shri Ashish Banerjee had also conveyed that due to oversight, perhaps, the FAA had directed him to intimate the CPIO, DVC, MTPS. Hence, he had only informed the appellant vide letter dated 26.10.2016 through registered post. Thus, Shri Ashish Banerjee, Additional Director (HR and Disciplinary Section) and not he was responsible for non-communication of the decision of the FAA to CPIO, DVC, MTPS.
9. In view of the above said, the Commission directs the Registry of this Bench to issue a Show Cause Notice to Shri Ashish Banerjee, Additional Director (HR and Disciplinary Section), Durgapur Steel Thermal Power Station, DVC for explaining as to why action under Section 20(1) of the RTI Act should not be initiated against him for misleading Shri Angshuman Mandal, Joint Secretary and CPIO, DVC, Kolkata which resulted in non-compliance of the FAA's order dated 03.10.2016. The respondent Shri Angshuman Mandal, Joint Secretary and CPIO, DVC, Kolkata shall ensure that a copy of this order is served upon Shri Ashish Banerjee, Additional Director (HR).
10. The matter is adjourned to 01.07.2019 at 12.30 PM.
Page 4 of 511. Copy of the interim decision be provided free of cost to the parties.
Sd/-
Sudhir Bhargava (सुधीर भागगव) Chief Information Commissioner (मुख्य सूचना आयुक्त) दिनांक / Date 10.05.2019 Authenticated true copy (अनभप्रमानणत सत्यानित प्रनत) R. Sitarama Murthy (आर. सीतारम मूती) Dy. Registrar (उि-िंजीयक) 011-26186535 / [email protected] Addresses of the parties:
1. The First Appellate Authority (FAA) Damodar Valley Corporation Mejia Thermal Power Station, Durlavpur, Bankura,West Bengal- 722183
2. The Central Public Information Officer (CPIO), Damodar Valley Corporation Mejia Thermal Power Station, Durlavpur, Bankura,West Bengal- 722183.
3. Dr.Sourav Ghosh Page 5 of 5