Central Information Commission
Rahul Madhukar Chavan vs Department Of Expenditure on 6 September, 2024
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
File No : CIC/DOEXP/C/2023/630107
Rahul Madhukar Chavan ....निकायतकताग /Complainant
VERSUS
बनाम
PIO,
Pay and Accounts Officer,
Customs Preventive
Commissionerate, Sarda House,
Opp: Panchvati, Bedi Bandar
Road, Jamnagar - 361008 ....प्रनतवािीगण /Respondent
Date of Hearing : 29.08.2024
Date of Decision : 06.09.2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from complaint:
RTI application filed on : 24.04.2023
CPIO replied on : Not on record
First appeal filed on : 31.05.2023
First Appellate Authority's order : 13.06.2023
2nd Appeal/Complaint dated : NIL
Information sought:
The Complainant filed an RTI application dated 24.04.2023 seeking the following information:
"MATTER PERTAINS TO: PAO, CUSTOMS (PREV) JAMNAGAR CBIC ENCLOSED PLEASE FIND HEREWITH LETTER NO. PAO/CPF A/c/345 DATED 08.12.2006 ISSUED BY PAO, CUSTOMS (PREV) JAMNAGAR CBIC ISSUED TO MYSELF.Page 1 of 4
UNDER RTI ACT, 2005; I NEED COPY OF FOLLOWING LEGIBLE DOCUMENTS ATTESTED BY THE CPIO IN THE MANNER OF DOPT OM DTD 06.10.2015 (COPY ENCLOSED) :-
STATEMENT OF CPF CONTRIBUTION (EMPLOYEE AND EMPLOYER) FOR MY OWN PERMENANT PENSION ACCOUNT NUMBER 2006105027500022 MENTIONED IN THE LETTER NO. PAO/CPF A/c/345 DATED 08.12.2006 DURING THE PERIOD OF FY 2006; FY 2007 AND FY 2008 IN ANY FORMAT."
Having not received any response from the CPIO, the complainant filed a First Appeal dated 31.05.2023. The FAA vide its order dated 13.06.2023, held as under:
"That appellant has mentioned in his appeal, the CPIO has failed to provide the details to his RTI application.
Now, in exercise of the powers, conferred upon the Appellate Authority by Section 19 (6) of Right to Information Act, 2005, the Appellate Authority after carefully examining the facts of the case passes the following order. The CPIO is hereby directed to provide the requisite information directly to the applicant under intimation to this office. The RTI appeal dated 31.05.2023 filed by the appellant is enclosed for CPIO for further perusal and to take necessary action. With the above speaking order, Appeal stands disposed."
Feeling aggrieved and dissatisfied, complainant approached the Commission with the instant Complaint.
Relevant Facts emerged during Hearing:
The following were present:-
Complainant: Present through VC.
Respondent: Shri Amanendra Kumar Jha, CPIO-cum-Senior Accounts Officer, attended the hearing through VC.
The Complainant stated that he has not received the relevant information as sought in the instant RTI Application from the Respondent.Page 2 of 4
The Respondent submitted that upon receipt of the hearing the notice from the Commission, their office has provided the requisite information regarding the NPF contribution to the Complainant vide letter dated 19.08.2024.
The Complainant interjected and apprised the bench that he has not received the averred letter dated 19.08.2024 and that might be due to change in his address and he is now residing at G- 503, Safal Parisar-I, Opp. Orchid Center, South Bopal, Ahmedabad-380058, Gujarat.
A written submission has been received from Shri Amarendra Kumar Jha, CPIO- cum-Senior Accounts Officer, vide letter dated nil, wherein the Commission has been apprised as under:
"I humbly seek apology for non-furnishing of information sought by the Appellant and directed to be furnished by the 1st Appellate Authority causing hardship to the Appellant.
Reasons for the non-compliance are as follows:
(i) CPIO posted at the time of original RTI application was transferred.
(ii) Another officer, junior to him was also transferred.
(iii) This office is manned by only four staff. Remaining two junior employees had no information about the case.
(iv) The current CPIO joined this office on 30.10.2023.
(v) The current CPIO had not been informed about the pending RTI and no file has been produced to him.
(vi) In the RTI-MIS, no pending case was found.
(vii) The case is known to the current CPIO only after receipt of the notice of CIC, New Delhi on 17.08.2024.
Therefore, I seek unconditional apology for the non compliance of the provisions of RTI Act as well as the direction of the 1st Appellate Authority. This is intimated that the information sought by the Appellant in his original RTI has been sent to him through mail and by Speed-Post dated 19.08.2024."
Decision Keeping in view the facts of the case and the submissions made by the Respondents, the Commission observes that the instant matter is a Complaint filed u/s 18 of the RTI Act, 2005 where the Commission is only required to ascertain if the information has been denied with a mala fide intent or due to an unreasonable cause which the Commission concludes in favor of the Respondent as they have provided the requisite information regarding the NPF contribution vide letter dated 19.08.2024, but a copy of the same has not been Page 3 of 4 received by the Complainant due to change in his address. Therefore, the CPIO is directed to resend the averred reply dated 19.08.2024 to the Complaint at the new address, within two weeks from the date of receipt of this order.
However, before parting with the case, the Respondent is cautioned to act strictly within the precincts of the RTI Act by observing the timelines scrupulously and punctually, in future.
The Complaint is disposed off accordingly.
Vinod Kumar Tiwari (विनोद कुमार वििारी) Information Commissioner (सूचना आयुक्त) Authenticated true copy (अनिप्रमानणत सत्यानित प्रनत) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Page 4 of 4 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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