Central Information Commission
Sanjay Dalal vs Ut Of Daman & Diu on 2 March, 2020
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
File No : CIC/UTDAD/A/2018/136818/Adjunct
Sanjay Dalal ....अपीलकता/Appellant
VERSUS
बनाम
CPIO,
UT Administration of Daman & Diu,
Office of the Chief Executive Officer,
District Panchayat Dholar,
Moti Daman,
Daman - 396220. ... ितवादीगण /Respondent
RTI application filed on : 02/01/2017
CPIO replied on : 24/03/2017
First appeal filed on : 25/07/2017
First Appellate Authority order : 09/03/2018
Second Appeal dated : 06/06/2018
Date of Adjunct Decision : 28/02/2020
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INFORMATION COMMISSIONER : DIVYA PRAKASH SINHA
Information sought:
The Appellant sought information with reference to an article published in newspaper Asali Azadi on 19.04.2015. He specifically sought for certified copy of complete inquiry report submitted by J.P. Agrawal, the then Chief Executive Officer, District Panchayat, Daman as per the direction of Sandeep Kumar, Development Commissioner, Damn and Diu; certified copy of all pages of file prepared for this inquiry report including noting side etc. through 3 points.
Grounds for the Second Appeal:1
The CPIO has not provided the desired information.
Relevant Facts emerging during Hearing on 09.12.2019: The following were present:-
Appellant: Present through VC.
Respondent: Premji Makwana, BDO & CPIO, Office of the Chief Executive Officer, District Panchayat Dholar, Moti Daman, Daman present through VC.
Appellant stated that he has been denied information sought deliberately by D.R. Damania, Administrative Officer and then CPIO on the pretext of seeking to know the purpose for which information has been sought. P.S. Jani, Chief Executive Officer, District Panchyat, Daman and FAA had also passed order to CPIO after hearing in which he was also present to make available information pertaining to three individuals who have been indicted in the referred inquiry report but he has not been provided any information till date.
Appellant in his Second Appeal has categorically mentioned that the relevant Inquiry Report consists of an investigation into the fraud of crores of rupees committed by Panchyat officials resulting in loot of public money. There is larger public interest in seeking details of Inquiry Report so that the guilty officials can be exposed.
CPIO submitted that D.R. Damania, Administrative Officer and then CPIO had dealt with the RTI Application. He further submitted that he will abide by the order of the Commission.
On Commission's instance, CPIO clarified that the inquiry report which is subject matter of RTI Application runs into more than 100 pages and the concerned file also contains details action taken etc. Decision on 09.12.2019 Prayer of Appellant for condoning delay in filing Second Appeal is accepted in view of larger public interest involved in the matter.2
File No : CIC/UTDAD/A/2018/136818 Commission directs the CPIO to provide an opportunity to the Appellant to inspect relevant inquiry report and all connected documents on a mutually decided date and time duly intimated to the Appellant telephonically and in writing. CPIO will ensure that relevant inquiry report and all connected documents are available with him at the time of inspection and if necessary will procure the same from the office of Administrator or any other office. Copy of documents, if desired, should be provided to the Appellant without charging prescribed fees. Commission's direction should be complied within 15 days of receipt of this order and a compliance report should be sent to the Commission by CPIO enumerating the details of documents inspected and copy of documents provided to the Appellant.
Commission observes that D.R. Damania, Administrative Officer and then CPIO is guilty of refusing access to information sought in the RTI Application and liable for penal action. The conduct of then CPIO amounts to a gross violation of the provisions of RTI Act. It also raises a reasonable doubt that the denial of information was with malafide intent. Then CPIO is hereby directed to show cause through the present CPIO as to why action should not be initiated against him under Section 20(1) and 20(2) of the RTI Act for failing to comply with the provisions of RTI Act. Then CPIO is further directed to send copy of supporting documents on which he relies upon in his submissions.
The then CPIO is directed to ensure that under all circumstances, his written submissions should reach the Commission within 30 days from the date of receipt of this order, failing which ex-parte action may be initiated against him.
A copy of this order is also marked to Chief Executive Officer, District Panchyat, Daman & FAA to ensure timely compliance of directions of the Commission.
Advisory Commission is august over dealing with RTI Applications in the UT Administration of Daman & Diu. Administrator, Daman & Diu is directed to organize training/seminars/workshops on dealing with RTI Applications for educating CPIOs in his jurisdiction.3
The appeal is disposed of accordingly.
ADJUNCT DECISION PROCEEEDINGS A show-cause hearing was scheduled in the matter based on the submissions of the Appellant in the proceedings during hearing on 09.12.2019, alleging deliberate denial of information sought by the then CPIO on the pretext of seeking to know the purpose for which information has been sought.
Relevant Facts emerging during Hearing on 28.02.2020:- The following were present Respondent: : Prenzi Makvana, BDO & CPIO, Office of the Chief Executive Officer, District Panchayat Dholar, Moti Daman, Daman present on phone.
D.R. Damania, Administrative Officer and then CPIO through his written submission dated 09.01.2020 submitted that, upon receipt of instant RTI Application dated 02.01.2017, he transferred the same to the Vigilance Department on 20.01.2017 as the information sought pertained to them. He further submitted that subsequent to aforementioned transfer, Vigilance Department sought clarification regarding specific details of the Reports in respect of which information was sought in the instant RTI Application, subsequently he requested the Appellant to provide specific details of inquiry Report and other documents required by him on 24.03.2019. He furthermore submitted that, in response to the above; Appellant had submitted the specific details of information which he desires via letter dated 22.05.2017. He in addition to above submitted that, upon perusal of the said letter it was concluded that the reports sought by the Appellant were still pending investigation and attracts Section 8(1)(h) of the RTI Act and same was informed to him on 20.06.2017. Therefore, the allegation of the Appellant regarding denial of information on the pretext of knowing why he wants the said information is baseless and without merit.
Adjunct Decision:
Commission upon perusal of facts on record as well as the detailed written submission dated 09.01.2020 of D.R. Damania, Administrative Officer and then CPIO, UT Administration of Daman & Diu, observes that the relevant information 4 File No : CIC/UTDAD/A/2018/136818/Adjunct has been provided to the Appellant. Hence, Commission does not find any mala fide intention on the part of D.R. Damania, Administrative Officer and then CPIO, UT Administration of Daman & Diu.
In view of the foregoing, the show-cause proceedings are dropped.
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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