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Dharm Singh vs National Institute Of Technology, ... on 18 July, 2022

                                                      CIC/NITKS/A/2017/106457

                               के ीयसूचनाआयोग
                       Central Information Commission
                           बाबागंगनाथमाग,मुिनरका
                        Baba GangnathMarg, Munirka
                        नई द ली, New Delhi - 110067

ि तीय अपील सं या/ Second Appeal No. CIC/NITKS/A/2017/106457

In the matter of:

Dharm Singh                                                 ... अपीलकता/Appellant
                                    VERSUS
                                     बनाम
CPIO,                                                   ... ितवादीगण /Respondent
National Institute of Technology,
Kurukshetra, Thanesar,
Haryana -136119

Relevant dates emerging from the appeal:

Date of Impugned Order: 22.03.2018

Show-cause Hearing: 22.06.2022

                                    ORDER

Facts:

The above mentioned Appeal of the Appellant, Shri Dharm Singh was disposed of by the Commission on 22.03.2018, with the following directions to the Respondent:

"Keeping in view the facts of the case and the documents available on record, it is evident that no reply had been provided by the Respondent in the matter, which is a grave violation of the provisions of the RTI Act, 2005. The Commission, instructs the Mr. G. R. Samantaray, DR/CPIO to Page 1 of 6 CIC/NITKS/A/2017/106457 showcause why action should not be taken under the provisions of the Act for this misconduct and negligence. The Commission therefore, directs the respondent to:

1- provide the information to the appellant within a period of 15 days in accordance with the provisions of the RTI Act, 2005; 2- explain why penal action should not be taken as per Section 20(1) of the RTI Act, 2005, within 15 days; from the date of receipt of this order."

SHOW-CAUSE PROCEEDINGS DATED 22.06.2022 The following were present:

Respondent: Mr. G. R. Samantaray, Joint Registrar, participated in the hearing thorough video conferencing from NIC Kurukshetra.

Submissions made by Respondent during Hearing:

The Respondent submitted that adequate information has been given to the Appellant vide letter dated 25.04.2018 i.e., after the show-cause order passed by the Hon'ble Commission on 22.03.2018. The contents of letter dated 25.04.2018 are as under:

At the instance of the Commission that why no reply was given to the Appellant prior to the previous date of hearing before the Hon'ble Commission, he could not provide a cogent reply.

CIC/NITKS/A/2017/106457 At the instance of the Commission that why no written explanation has been given to the Commission regarding the show-cause order issued against him on the previous date of hearing, he could not provide a cogent reply.

A written submission has been received by the Commission Mr. G. R. Samantaray, Joint Registrar, vide letter dated 20.06.2022, wherein the Commission has been apprised as under:

CIC/NITKS/A/2017/106457 Final Decision:

Upon perusal of the facts on record as well as on the basis of the proceedings during the hearing, the Commission observes that the relevant information has been provided to the Appellant after an inordinate delay of almost 2 years from the date of filing of the instant RTI Application. Mr. G. R. Samantaray, the then Deputy Registrar & CPIO and presently working as Joint Registrar has brazenly disregarded the provisions of the RTI Act by providing delayed information to the Appellant. Although he has admitted the factum of delay in responding to the instant RTI Application, the Commission cannot let go of the errors committed on the face of the record and moreover, no written explanation to the show-cause order dated 22.03.2018 has been given by the Mr. G. R. Samantaray, the then Deputy Registrar & CPIO, to the Commission within stipulated time frame. Hence, the Commission finds this case to be a fit case for imposition of penalty on the erring official i.e., Mr. G. R. Samantaray, the then Deputy Registrar & CPIO and presently working as Joint Registrar.

In view of the above, the Commission imposes a penalty of Rs 2,500/- (Rupees Two Thousand and Five Hundred only) under Section 20(1) of the RTI Act on Mr. G. R. Samantaray, the then Deputy Registrar & CPIO and presently Page 4 of 6 CIC/NITKS/A/2017/106457 working as Joint Registrar, for flagrant violation of the provisions of the RTI Act, 2005. This amount will be deducted from his ensuing salary payable in the month of September, 2022. The FAA, National Institute of Technology, Kurukshetra, Haryana-136119 is directed to recover the total amount of Rs. 2,500/- from the salary of Mr. G. R. Samantaray, the then Deputy Registrar & CPIO and presently working as Joint Registrar and remit the same through a Demand Draft or a Banker's Cheque in the name of Pay & Accounts Officer, CAT, payable at New Delhi and send the same to Section Office, CR-II, Central Information Commission, Room No. 106, CIC Bhawan, Baba Gangnath Marg, Munirka, New Delhi - 110067.

Further, the FAA is directed to send a copy of this order to the concerned Drawing & Disbursement Officer, under intimation to the Commission, for necessary action. Copy of the decision be provided free of cost to the parties.

AmitaPandove(अिमतापांडव) Information Commissioner (सूचना आयु ) दनांक / Date: 18.07.2022 Authenticated true copy (अिभ मािणतस यािपत ित) B. S. Kasana (बी. एस. कसाना) Dy. Registrar (उप-पंजीयक) 011-26105027 Page 5 of 6 CIC/NITKS/A/2017/106457 Addresses of the parties:

1. The Central Public Information Officer National Institute of Technology, Kurukshetra, Thanesar, Haryana -136119

2. Mr. Dharm Singh Copy to:

First Appellate Authority, National Institute of Technology, Kurukshetra, Haryana-136119.