Central Information Commission
Harinder Dhingra vs Election Commission Of India on 14 March, 2018
CENTRAL INFORMATION COMMISSION
Baba Gang Nath Marg,
Munirka, New Delhi -110067
Tel : +91-11-26186535
Appeal Nos. CIC/ECOMM/A/2017/607803
CIC/ECOMM/A/2017/608334
CIC/ECOMM/A/2017/608303
CIC/ECOMM/A/2017/607804
Appellant: Mr. Harinder Dhingra,
Respondent: Central Public Information Officer,
Election Commission of India,
Nirvachan Sadan, Ashoka Road,
New Delhi - 110001.
Date of Hearing: 23.01.2018
Dated of Decision: 23.01.2018
ORDER
Facts:
CIC/ECOMM/A/2017/607803
1. The appellant filed RTI application dated 24.7.2017 seeking copy of the petition of a former legislative assembly member who had sought Mr. Narottam Mishra's disqualification on the ground of paid news.
2. The appellant filed first appeal dated nil with the first appellate authority (FAA). The response of CPIO and FAA is not on record. The appellant filed second appeal on 20.11.2017 before the Commission on the ground that information should be provided to him.
CIC/ECOMM/A/2017/608334
3. The appellant filed RTI application dated 24.7.2017 seeking copy of the order passed by the Election Commission of India for disqualification of Mr. Narottam Mishra, MLA/Minister of Madhya Pradesh Government.
4. The appellant filed first appeal dated 8.9.2017 with the first appellate authority (FAA). The response of CPIO and FAA is not on record. The appellant filed second appeal on 30.11.2017 before the Commission on the ground that information should be provided to him.
CIC/ECOMM/A/2017/608303
5. The appellant filed RTI application dated 22.5.2017 seeking copy of the election affidavit which was submitted by Mr. Rao Nabir Singh Yadav while contesting Legislative Assembly Election from Jatusana, Haryana in 1987 and Lok Sabha Election from Gurgaon in 2009 respectively.
6. The appellant filed first appeal dated 7.9.2017 with the first appellate authority (FAA). The response of CPIO and FAA is not on record. The appellant filed second appeal on 29.11.2017 before the Commission on the ground that information should be provided to him.
CIC/ECOMM/A/2017/607804
7. The appellant filed RTI application dated 24.7.2017 seeking copy of reply submitted by Mr. Narottam Mishra to the Election Commission of India in response to the petition filed by a former legislative assembly member who had sought disqualification of Mr. Narottam Mishra on account of paid news.
8. The appellant filed first appeal dated nil with the first appellate authority (FAA). The response of CPIO and FAA is not on record. The appellant filed second appeal on 20.11.2017 before the Commission on the ground that information should be provided to him.
Hearing:
9. Both the parties participated in the hearing personally. Shri Md. Umar (Secretary) and Ms. Harjeet Kaur (Under Secy.) represented the respondent. Both the parties agreed to hearing of these cases together.
10. The appellant stated that till date no reply/information has been provided to him by the respondent.
11. The respondent stated that in fact, they did not receive the online RTI application(s) of the appellant as they had no access to the RTI online portal. On query from the Commission, the respondent stated that many RTI applications to them are being filed on the DoP&T online portal. The respondent stated that the DoP&T had asked various public authorities, including the Election Commission of India, to give consent regarding the access of public to file their RTI application/appeals on their online portal.
12. Further, the respondent stated that one of the officers from their I.T. department had asked the DoP&T to give training session relating to 'RTI online portal'. This training was given. However, due to communication gap, the DoP&T presumed that the ECI is ready to allow filing of RTI by public on their RTI online portal and put the ECI link on their website. In fact, the ECI had never given its consent for linking them to the online portal of DoP&T. The respondent stated that the account of Nodal Officer, ECI has not been activated as the ECI has not approved participation on the said web-portal. The respondent further stated that most of their work is related to the State Authorities. Besides, ECI is an autonomous body. Hence, they are developing their own online RTI filing system. In addition, he stated that they have asked the DoP&T to download the PDF files of all online RTI application(s)/appeal(s) received on their portal and send to them to enable them to reply the same.
13. Moreover, the respondent stated that they are in the process of starting their own online portal in view of this Commission's order dated 04.01.2018 in complaint no. CIC/ECOMM/C/2017/144248, wherein, this Commission had observed as under:-
"8. The Commission observed that there is an online RTI application/appeal filing portal which is run by DoP&T. The public authorities enrol themselves on the said portal in order to receive RTI applications/first appeals from the applicants.
From the perusal of the records (including the documents/correspondences produced by the complainant during the hearing), the Commission observed that the Election Commission of India, earlier appeared to be prepared to accept the online RTI applications/first appeals from the applicants on DoP&T RTI web portal. It is further observed that the officials of the ECI had taken training with respect to usage of DoP&T RTI online portal. The Commission further observed that despite training from DoP&T and various other correspondences made with DoP&T, the ECI has not opened and accessed the RTI applications/first appeals of the applicants. The Commission further observed that it appears that the ECI did not take effective steps to ensure that the RTI applications/first appeals are not filed on the web portal of the DoP&T. Further, they took no steps to access the RTI applications/first appeals which had already got filed on DoP&T RTI portal, which has resulted in piling up of the unattended RTI applications/first appeals.
9. The Commission observed that it appears that the respondent has till date not obtained hard-copies/downloaded copies of the RTI applications/first appeals for disposing them in a time bound manner. In fact, non-disposal of RTI applications in time bound manner attracts penal proceedings under the RTI Act. The Commission further observed that the respondent has also not given any public notice on their website regarding not filing online RTI applications/first appeals on the web portal of DoP&T, besides taking steps for barring public access presently provided for filing ECI related RTI applications/appeals on DoP&T RTI online portal.
10. The Commission observed that the respondent, in support of their plea stated that they are developing their own portal to deal with the online RTI applications/first appeals of the applicants. However, a deadline to launch this portal is not yet to be fixed. During the hearing, the Commission noted that till date, approx. 2000 RTI applications were pending for disposal by the ECI which are yet to be accessed from DoP&T portal. It was further noted that the respondent has not taken up any special drive for the disposal of such a large number of RTI applications/first appeals. The Commission is of the view that the respondent should launch a special drive and ensure disposal of the online RTI applications/first appeals within deadlines as prescribed under the RTI Act."
14. Besides, the respondent agreed to reply to the appellant after taking a copy of his online RTI application(s), within 30 days. Discussion/ observation:
15. The Commission observed that the respondent should respond to the RTI application(s) of the appellant, within 30 days. Further, the respondent should also inform to the Commission status of the efforts taken by them for disposing of online RTI application(s)/appeal(s), including latest development relating to launching of their online RTI portal.
Decision:
16. The respondent is directed to take action as per para 15 above.
17. The Deputy Registrar is directed to fix a hearing in the matter after 30 days for compliance. The Deputy Registrar is further directed to send complete RTI application(s) file to the respondent along with this order.
Copy of the order be given to the parties free of cost.
Sd/-
(Radha Krishna Mathur) Chief Information Commissioner Authenticated true copy Sd/-
(S.C. Sharma) Dy. Registrar Appeal No. CIC/ECOMM/A/2017/607803 CIC/ECOMM/A/2017/608334 CIC/ECOMM/A/2017/608303 CIC/ECOMM/A/2017/607804 Adjunct order dated 13.3.2018.
Hearing:
1. The matter is listed for further hearing in the matter. Earlier the matter was heard on 23.1.2018.
2. Shri Md. Umar (Secretary) and Ms. Harjeet Kaur (Under Secy.) represented the respondent. The appellant did not participate in the hearing.
3. The respondent stated that they had complied with Commission's order dated 23.1.2018 and replied to the appellant on 31.1.2018 and provided all the information/documents sought in the above said 4 RTI applications. The respondent further stated that they had provided to the appellant a copy of election affidavit as submitted by Mr. Rao Narbir Singh Yadav while contesting Lok Sabha from Gurgaon in 2009. As regards copy of election affidavit submitted by Mr. Rao Narbir Singh Yadav while contesting Legislative Election from Jatusana, Haryana in 1987, the respondent stated that they will check the record and inform the exact position to the appellant.
Discussion/ observation:
4. As regards copy of election affidavit submitted by Mr. Rao Narbir Singh Yadav while contesting Legislative Election from Jatusana, Haryana in 1987, the respondent should check their record and inform the exact position to the appellant within 15 days of receipt of this order.
Decision:
5. The respondent is directed to take action as per para 4 above.
The appeals are disposed of. Copy of the order be given to the parties free of cost.
(Radha Krishna Mathur) Chief Information Commissioner Authenticated true copy (S.C. Sharma) Dy. Registrar