Central Information Commission
S Arul Selvan vs Hindustan Aeronautics Ltd. on 7 March, 2017
CENTRAL INFORMATION COMMISSION
2nd Floor, August Kranti Bhawan,
Bhikaji Cama Place, New Delhi-110066
Decision No. CIC/VS/C/2015/900362/SB
Dated 06.03.2017
Complainant : Shri S. Arul Selvan,
C-35-21, Mohan Nagar,
Salem Steel Plant,
Salem, Tamil Nadu-636030.
Respondent : Central Public Information Officer,
Hindustan Aeronautics Ltd.,
15/1, Cubbon Road,
Bangalore-560 001.
Date of Hearing : 06.03.2017
Relevant dates emerging from the appeal:
RTI application dated : 31.07.2015
CPIO's reply dated : 31.08.2015
First Appeal dated : 04.09.2015
Complaint dated : 16.10.2015
ORDER
1. Shri S. Arul Selvan filed an application dated 31.07.2015 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Hindustan Aeronautics Ltd (HAL), Bangalore seeking information on six points including (i) copy of the rules which prevented paying of Performance Related Pay (PRP) to him when he has scored 92% in the first quarter and 92% in the second quarter which denote excellent performance and (ii) what are the marks assumed for quarter 3 and quarter 4 for calculating PRP in 2012-13.
2. Shri S. Arul Selvan filed a complaint dated 16.10.2015 before the Commission on the grounds that he is not satisfied with the information provided by the CPIO and that the FAA did not respond to his appeal. The complainant stated that the CPIO did not reply in time, refused information CIC/VS/C/2015/900362/SB Page1 without referring to the RTI Act, refused information which is available in the company and collected Rs.60 to provide copy of the rules which was not demanded. The complainant requested the Commission to direct the FAA to provide the information at the earliest, direct the CPIO to refund Rs.60/- which was collected illegally and initiate suitable disciplinary action against the FAA and provide compensation to him.
Hearing on 06.03.2017:
3. Both the complainant S Arul Selvan and the respondent Capt. A. Ghani, CPIO, HAL attended the hearing through Video Conferencing.
4. The complainant submitted that he had, inter-alia, sought for copy of rules information which prevented paying of PRP to him and also the marks for quarter III and quarter IV assumed for calculating PRP in the year 2012- 2013. However, no information in this regard has been provided to him by the respondent.
5. The respondent submitted that point-wise reply as per available record has been provided to the appellant vide letter dated 31.08.2015. The respondent further submitted that copy of the circular governing payment of PRP has been provided to the complainant along with the letter dated 31.08.2015. The respondent further stated on receipt of the notice of hearing, point-wise information has been provided to the complainant vide letter dated 01.03.2017.
Interim Decision:
6. The Commission, after hearing the submissions of both the parties and perusing the records, observes that correct and complete information has not been provided by the respondent to the complainant. Therefore, the CPIO, HAL is liable for imposition of penalty in terms of the provisions under Section 20(1) of the RTI Act, 2005.
7. The CPIO, HAL is hereby directed to submit an explanation both by post and through e-mail at [email protected] before the Commission, on or CIC/VS/C/2015/900362/SB Page2 before 11.04.2017, explaining why action under Section 20(1) of the RTI Act should not be initiated against him.
8. The CPIO, HAL is further directed to appear before the Commission through Video Conferencing on 25.04.2017 at 01:00 pm along with a copy of his written explanations.
9. The CPIO, HAL is also directed to inform if there is/ are other person(s) responsible for knowingly not providing complete information to the complainant and if so to inform such persons of the show cause hearing and direct them to appear before the Commission on 25.04.2017 at 01:00 p.m. along with his/ their written explanations.
10 Copy of the interim decision be provided free of cost to the parties.
(Sudhir Bhargava) Information Commissioner Authenticated true copy (V.K. Sharma) Designated Officer Designated Officer CIC/VS/C/2015/900362/SB Page3