Central Information Commission
Meera Narayan Ranvir vs Ministry Of Social Justice & ... on 17 December, 2018
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
File No : CIC/MOSJE/A/2017/177323/SD
Meera Narayan Ranvir ....अपीलकता/Appellant
VERSUS
बनाम
CPIO,
RTI Cell,
M/o Social Justice & Empowerment,
Shashtri Bhawan,
New Delhi - 110001 ... ितवादीगण /Respondents
RTI application filed on : 24/07/2017
CPIO replied on : No reply
First appeal filed on : 13/09/2017
First Appellate Authority order : No order
Second Appeal dated : 03/11/2017
Date of Hearing : 26/11/2018
Date of Decision : 11/12/2018
Information sought:
The Appellant sought information regarding action taken on two letters dated 03.01.2014 and 09.01.2015 of the Secretary to Govt. of Maharashtra on the subject of Financial Assistance to Voluntary Organizations to run residential/non-
residential ashram schools for Scheduled Castes.
Grounds for the Second Appeal:
The CPIO has not provided the desired information.
Relevant Facts emerging during Hearing:
The following were present:-1
Appellant: Present and assisted by Bhushan Daulatram More through VC.
Respondent: N. S. Venkateshwaran, Under Secretary & CPIO, M/o Social Justice & Empowerment, Shashtri Bhawan, New Delhi present in person.
Appellant stated that he has not received any reply in response to his RTI Application dated 24.07.2017.
CPIO submitted that he has joined the present posting in SCD-III Section in March, 2018 and the RTI Application under reference has not been dealt by him. He further stated that no records are traceable in the section which indicates action taken on the RTI Application and similarly no record of action taken on receipt of the two letters referred therein is traceable. As for the subject matter of information sought, CPIO stated that from the said copy of letters received with the notice of hearing it is gathered that their office has forwarded as many as 230 approx. new proposals from 2015-16 till date for Grant-in-aid to residential and non-residential school of the Schedules Castes and Grant-in-Aid has been released in many cases.
CPIO also submitted that he inquired from the concerned officer Shambhu Saran Kumar, Under Secretary regarding action taken on the RTI Application, to which he was informed that said officer was also not the CPIO at the relevant time.
Decision Commission observes upon perusal of the facts on record as well as submission of both parties that prima-facie no reply has been provided on the RTI Application till date by the then CPIO.
As for relief to be ordered with respect to the information sought, Commission directs the CPIO to categorically intimate the Appellant in writing the factum of receipt of the letters referred therein as well as action taken, if any on it.
Commission is baffled with the submissions of the CPIO regarding non-traceability of RTI Application as well as the letters referred in the RTI Application even as these are official letters sent by the Govt. of Maharashtra. A public authority which has no track of correspondences received from citizens under a statutory act and government offices alike speaks volumes about its gross mismanagement.2
File No : CIC/MOSJE/A/2017/177323/SD It is pertinent to note that CPIO has not pleaded non-receipt of the RTI Application or letters referred thereunder but claims that action taken on these are not traceable in their records which is not found to be a tenable ground to justify their inaction on the RTI Application.
Commission directs the FAA to conduct an inquiry into the matter of non- traceability of the RTI Application under reference as well as the letters referred therein as averred by the CPIO. FAA shall send the inquiry report including inter- alia inputs of the concerned sections where RTI Application is ought to be received and processed alongwith copy of supporting documents to the Commission within 30 days from the date of receipt of this order.
Further, FAA is also directed to serve a copy of this order to the then CPIO i. e CPIO present during the period from July 2017 to March 2018 for seeking written submissions to show-cause why action should not be initiated against him/her for prima-facie not acting on the RTI Application within the stipulated time frame of RTI Act. FAA should endorse a copy of the service of this order to the concerned then CPIO. The said written submissions of the then CPIO should reach the Commission through the FAA within 15 days from the date of receipt of this order.
The appeal is disposed of accordingly.
Divya Prakash Sinha ( द काश िस हा )
Information Commissioner ( सूचना आयु )
Authenticated true copy
(अ भ मा णत स या पत त)
Haro Prasad Sen
Dy. Registrar
011-26106140 / [email protected]
हरो साद सेन, उप-पंजीयक
दनांक / Date
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First Appellate Authority,
M/o Social Justice & Empowerment,
Shashtri Bhawan,
New Delhi - 110001.
(--for compliance of above directions--)
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