Central Information Commission
Roop Singh vs Ministry Of Civil Aviation on 19 September, 2018
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग
, मुिनरका
Baba Gangnath Marg, Munirka
नई द
ली, New Delhi - 110067
ि तीय अपील सं या / Second Appeal No. CIC/MOCAV/A/2017/149295
Roop Singh
....अपीलकता
/Appellant
VERSUS
बनाम
The CPIO/Under Secretary
Govt. of India, M/o Civil
Aviation, Rajiv Gandhi Bhawan,
Safdarjung Airport, New Delhi - 110003.
&
ED(CA)/Central Nodal Officer,
Air India Ltd., Airlines House,
113 Gurudwara Rakabganj Road, New Delhi - 110001.
... ितवादीगण /Respondents
Dates
RTI application : 02.02.2017
CPIO reply : 09.02.2017
First Appeal : 29.03.2017
FAA Order : Not on record
Second Appeal : 16.07.2017
Date of hearing : 13.09.2018
Facts:
The appellant vide RTI application dated 02.02.2017 sought information on five points as under:
1. Whether the appellant is entitled to difference of arrears of gratuity and leave encashment due to increase in his basic pay as a result of wage revision w.e.f 01.01.1997.Page 1 of 5
2. Details of the gratuity and leave encashment difference due to the appellant.
3. Date on which the amounts will be paid to him.
4. Other related information.
The CPIO replied on 09.02.2017. The appellant was not satisfied with the reply of the CPIO and filed first appeal on 29.03.2017. The First Appellate Authority (FAA)'s order is not on record. Aggrieved with the non-supply of the desired information from the respondent authority, the appellant filed second appeal under the provision of Section 19 of the RTI Act before the Central Information Commission on 16.07.2017.
Grounds for Second Appeal The CPIO did not provide the desired information.
Order
Appellant : Present
Respondent : Shri Chandra Kishore Shukla,
Under Secretary cum CPIO,
M/o Civil Aviation
Shri R.K. Sikka,
Deputy General Manager cum PIO,
Air India.
During the hearing, the respondent CPIO, M/o Civil Aviation submitted that they had transferred the RTI application dated 02.02.2017 u/s 6(3) of the RTI Act on 09.02.2017 and provided the requisite reply to the appellant on point no. 4 of the stated RTI application .
The respondent CPIO, Air India handed over a written submission during the hearing and stated that they had provided the requisite reply on point nos. 1,2,3 & 5 of the said RTI application vide their letter dated 10.09.2018. The replies Page 2 of 5 furnished to the appellant are just and proper and hence the case might be dismissed.
The appellant submitted that he was not satisfied with the reply received from the respondent and submitted that suitable penalty should be levied upon the respondent for non supply of the relevant information to him in accordance with the provisions of the RTI Act.
On perusal of the relevant case record, it was noted by the Commission that the reply provided is just, proper and comprehensive but delayed by the respondent (Air India) which is deplorable for which a show cause needs to be issued to the respondent CPIO, Air India.
Accordingly, a Show Cause notice is issued to the respondent CPIO, Smt. Sangeeta Singh, General Manager Air India u/s 20 of the RTI Act to explain the following:-
Why delayed reply was provided to the appellant.
The explanation to the above stated Show Cause notice is to be submitted to the Commission by the respondent CPIO/PIO within 15 days of the receipt of this order. The present CPIO is also to submit a report to the Commission indicating the name, address, mobile no., present place of posting and designation of the CPIO working at the relevant post at the relevant period. The present respondent CPIO is to serve a copy of this order to the then respondent CPIO under intimation to the Commission. On receipt of the explanation to the said Show Cause notice, further action as deemed appropriate will be taken.
The respondent CPIO should note that in the event of non-submission of the explanation within the time stipulated above, the Commission has the liberty to take the required decision ex-parte against the respondent CPIO/PIO.Page 3 of 5
In the interest of natural justice, the show cause itself covers the point of penalty and it will be decided after the receipt of explanation from the respondent CPIO, Air India.
It was also noted that the reply provided by the M/o Civil Aviation on point no. 4 of the above stated RTI application was not proper. A more comprehensive reply in the form of certified true copies of the documents sought e.g. note sheets, letters, correspondences, e-mails etc should have been provided to the appellant as sought for information on this point is eminently disclosable under the relevant provisions of the RTI Act.
Be that as it may, since no desired information was provided to the appellant in the present case, the present respondent CPIO, M/o Civil Aviation is directed to provide revised reply on point no 4, complete in all respects to the appellant as available on record in the form of certified true copies of the documents sought e.g. note sheets, letters, correspondences, e-mails etc.(legible copies), free of charge u/s 7(6) of the RTI Act within 15 days of the receipt of the order. For this purpose, the concerned CPIO/PIO, can take assistance of any other office/department u/s 5(4) of the RTI Act.
The respondent CPIO is further directed to send a report containing the copy of the revised reply and the date of despatch of the same to the RTI appellant within 07 days thereafter to the Commission for record.
OR In case the relevant records are not available even after thorough search, the present respondent CPIO, M/o Civil Aviation is directed to submit an affidavit indicating the date of destruction / weeding out of the said records along with a copy of the order of the competent authority authorising such destruction / weeding Page 4 of 5 out within one month of the receipt of this order with a copy duly endorsed to the appellant within the same time period.
With the above show cause/direction, the appeal is disposed of. Copies of the order be sent to the concerned parties free of cost.
Amitava Bhattacharyya (अ मताभ भ टाचाय)
Information Commissioner ( सूचना आयु त )
Authenticated true copy
(अ भ मा णत स या पत त)
Ajay Kumar Talapatra (अजय कु मार तलपा )
Dy. Registrar (उप-पंजीयक)
011- 26182594 / [email protected]
दनांक / Date
Page 5 of 5