Central Information Commission
Sanjay Kumar Singh vs Damodar Valley Corporation on 29 March, 2019
के न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/DVCOR/A/2017/144689
Sanjay Kumar Singh ... अपीलकताग/Appellant
VERSUS
बनाम
CPIO, Damodar Valley ...प्रनतवािीगण /Respondents
Corporation, Kolkata
ORDER
1. A Show Cause Notice was issued to Shri Ashish Banerjee, the deemed CPIO, Addl. Director (HR), IR Section, Damodar Valley Corporation, Kolkata on 21.02.2019, in compliance with the Commission's order No. CIC/DVCOR/A/2017/144689, dated 24.08.2018, wherein the Commission had observed that misleading and vague information has been provided to the appellant on point nos. 1 and 3 of the RTI application by the deemed CPIO, Addl. Director (HR), IR Section, DVC Kolkata, the custodian of the information. The deemed CPIO was directed to explain as to why action under Section 20(1) of the RTI Act should not be initiated against him.
Page 1 of 5Hearing:
2. The respondent Shri Anshuman Mondal, Joint Secretary and CPIO, Damodar Valley Corporation, Kolkata, Shri Ashish Kumar Banerjee, Additional Director (HR) Damodar Valley Corporation, Kolkata and Shri Om Prakash, Additional Director (HR), Industrial Relation (IR) Section, Damodar Valley Corporation, Kolkata attended the hearing through video conferencing.
3. The respondent (Shri Ashish Kumar Banerjee) in his written submissions dated 01.03.2019 submitted that at no point of time was he posted at IR Section, HR Department, DVC, Kolkata. He informed that at that point of time he was posted as Additional Director (HR), Disciplinary Cell, HR Department, DVC, Kolkata.
Further, he was not the custodian of the information sought for, and hence he should have been made a deemed CPIO in the matter. He also added that the reply provided by the Additional Director (HR) was endorsed to him for furnishing information on point no. 2 of the RTI application as the same relates to disciplinary proceedings. Hence, information in this regard was furnished to the appellant. In view of this, he requested the Commission to drop the Show Cause Notice issued against him.
4. The respondent (Shri Om Prakash) submitted that in response to the RTI application dated 22.03.2017, he had, vide letter dated 18.04.2017, informed the appellant that the information sought vide point nos. 1 and 3 of the RTI application is not available with the DVC and the same may be obtained from the issuer i.e. DVC Staff Association. He further stated that the information furnished to the appellant is correct as even today no information, as sought by the appellant vide his RTI application is available with the respondent authority. However, he admitted that the reply furnished to the appellant was ambiguous and he should have only Page 2 of 5 stated that the desired information was not available with him. Further, under the provisions of the RTI Act only such information as is available and existing and held by the public authority or is under control of the public authority can be provided. The respondent tendered his unconditional apology for this lapse and requested the Commission to condone the same. The respondent also clarified that after receiving the notice from the Commission, he had approached the DVC Staff Association, the issuer of letter to the appellant. The DVC Staff Association had vide letter dated 01.03.2019 admitted that there was no programme for submission of Memorandum of Demands to the management.
Decision:
5. The Commission, after hearing the submissions of the respondent and perusing the records, observes that Shri Ashish Kumar Banerjee was posted as Additional Director (HR), Disciplinary Cell, HR Department, DVC, Kolkata and not Additional Director (HR), IR Section, HR Department, DVC, Kolkata. The Commission accepts the explanation of Shri Ashish Kumar Banerjee that he was not the custodian of the information sought for and therefore, should not have been considered as the deemed CPIO in the matter. Further, Shri Ashish Kumar Banerjee has provided information pertaining to his Department. In view of this, Show Cause Notice issued to Shri Ashish Kumar Banerjee is hereby dropped.
6. The Commission also notes that the respondent, Shri Om Prakash, Additional Director (HR), Industrial Relation (IR) Section, Damodar Valley Corporation, Kolkata has affirmed that the information sought for vide point nos. 1 and 3 of the RTI application was not available with the respondent. However, the DVC Staff Association, vide letter dated 01.03.2019, had stated that DVC Staff Association had Page 3 of 5 organized an assembly of its members in front of DVC Tower on 08.04.2015, where in all trade unions/ Associations of DVC were invited. The same was duly intimated to ED (HR) vide letter dated 30.03.2015. The Commission, therefore, directs the Additional Director (HR), Industrial Relation (IR) Section, Damodar Valley Corporation, Kolkata to file an affidavit with the Commission deposing that as on the date of reply, no communication from the DVC Staff Association was received by DVC, Kolkata regarding an assembly of DVC Staff Association members and others in front of DVC Tower on 08.04.2015. A copy of the affidavit shall also be provided to the appellant. The above directions of the Commission shall be complied with, within a period of four weeks from the date of receipt of a copy of this order.
7. The Commission notes that the DVC Staff Association has vide letter dated 01.03.2019 stated that a communication dated 08.04.2015 had been sent to ED (HR), DVC regarding an assembly of DVC Staff Association members and other in front of DVC Tower on 08.04.2015. The Commission, therefore, directs the First Appellate Authority, Damodar Valley Corporation, Kolkata to inquire into the matter to ascertain as to whether the letter dated 08.04.2015 was actually not received or the CPIO had taken that plea to deny information to the appellant. The FAA shall also, if required, take appropriate departmental action against the officers/officials responsible for the non-receipt of the letter by DVC, Kolkata. The appellant as well as DVC Staff Association shall be associated with the inquiry. A copy of the inquiry report along with the action taken report may be provided to the Commission as well as to the appellant within a period of six weeks from the date of receipt of a copy of this order.Page 4 of 5
8. Copy of the decision be provided free of cost to the parties.
Sd/-
Sudhir Bhargava (सुधीर भागगव) Chief Information Commissioner (मुख्य सूचना आयुक्त) दिनांक / Date 28.03.2019 Authenticated true copy (अनभप्रमानणत सत्यानपत प्रनत) S. S. Rohilla (एस. एस. रोनिल्ला) Dy. Registrar (उप-पंजीयक) 011-26186535 / [email protected] Addresses of the parties:
1. The First Appellate Authority (FAA) Damodar Valley Corporation, DVC Towers, VIP Road, Kolkata - 700054.
2. The Central Public Information Officer (CPIO), Damodar Valley Corporation, DVC Towers, VIP Road, Kolkata - 700054.
3. Shri Sanjay Kumar Singh Page 5 of 5