Central Information Commission
Minakshi vs National Women'S Commission on 19 November, 2018
CENTRAL INFORMATION COMMISSION
(Room No.313, CIC Bhawan, Baba Gangnath Marg, Munirka, New Delhi-110067)
Before Prof. M. SridharAcharyulu (Madabhushi Sridhar), CIC
CIC/NWCOM/A/2018/610721
Minakshi v. PIO, National Commission for Women
Order Sheet: RTI filed on 06.11.2017, CPIO replied on 14.12.2017, FAO on 08.01.2018, Second
appeal filing date -Nil, Hearing on 30.05.2018;
Proceedings on 30.05.2018: Appellant absent, Public Authority represented by CPIO.
MrRavindra Singh and former CPIO Ms. K. Lalitha.Directions and show cause issued.
Proceedings on 04.07.2018: Appellant present from NIC Mumbai, Public Authority represented
by CPIO. Dr.Ravindra Kumar, CPIO NCW Jasoal, Mr.Ravindra Singh, CPIO NCW N. Delhi, K. Lalita,
R C Ahuja Ex- FAA, Atul Sinha, Sr. Programmer, Sonia Sharma, Junior Legal Expert at CIC:
Date of Decision - 19.11.2018: Penalty proceedings dropped.
ORDER
FACTS:
1. It is a pathetic case of the NCW that considered complaints to it, its action on that if any as 'fiduciary' information and chose to deny it. The appellant Ms.MinakshiMaheshwarisought information regarding (i) year wise list of complaints received by NCW since 01.01.2014 to 31.10.2017 giving the details as the case no., category of complaints, name of respondent- individual/private company/Public company, whether a ICC Committee constituted with outside experts, no. of hearings held, current status i.e. whether it is open/closed/in litigation in any court and if in litigation the details of the case no. in the Court, type, status etc. (ii) Minutes of meeting of NCW Board and Chairperson since June 2014 to date. (iii) Annual report of the NCW since 2014 (iv) tour details of the Chairperson and Board members since January 2013. The CPIO replied on 04.12.2017 stating that the information sought is available on the site and further details are fiduciary in nature and hence cannot be provided acc. to sec 8(1)(e) and for the tour details the CPIO replied that the information is not form of any document and compilation of the same will be voluminous without apparently fulfilling any public interest. The appellant filed first appeal on 14.12.2017 stating that the similar information for the year 2010-2014 have been provided to her by the earlier CPIO through RTI and the websites so mentioned by the CPIO doesn't open. The FAA upheld the decision of the CPIO.
CIC/NWCOM/A/2018/610721 Page 1 The appellant filed the second appeal before the Commission on the ground of receipt of incomplete information.
Grounds of Second Appeal:
1. In her second appeal, she stated: "... a reply was received on December 14, 2017 which is incomplete, vague and dissatisfactory. Hence, I filed the First Appeal on December 14, 2017 itself. In the First Appeal, I have made a detailed table clearly explaining the ground for appeal and that the reply is not correct and not sustainable. However, without holding any hearing/ issuing any intimation, the FAA on January 8, 2016 passed an order endorsing the CPIO's reply.
2. The National Commission Women has to hear cases of complaints, give necessary directions to authorities, etc. and secure the rights of women. This information is not given to NCW by anybody. It is generated in NCW because of the complaints filed before it and that it has a legal duty to consider those complaints. Fiduciary question does not arise at all. It is the duty of the NCW to say what it is doing. It is the right of not only the complainant but also of every person to know what action was taken by the NCW on the complaint. The Supreme Court, High Courts and Police Stations also reveal what cases were filed and what happened along with date of hearing, names of the parties and their advocates along with full text of judgment. Is this fiduciary related information and people should not ask for it. The following is the table of information sought, given and grounds for second appeal:
Info sought Reply of NCW Ground for appeal
1. Year - wise list of The information sought for There is no information available in
complaints received by isavailable on the website the form that I haverequested.
NCWsince January 1, 2014 ofNational Commission for Similar informationand same
tillOctober 31, 2017 Women i.e. format has beenprovided earlier by
givingthe following details / www.ncw.nic.in. NCW - CPIOin June 2014 under
fields : Regarding the further RTIapplication by me for the
Year details itis stated that the precedent 5 years i.e. 2010 -2014.
Case no. information This data is part of their MIS
Category of complaint available is fiduciary in andother reporting and hence, it
Name of respondent natureand hence cannot be isnot clear why the current CPIO is
individual / Pvt Company provided unwilling to provide the same.
/Public authority in terms of Section 8 (1) Since, NCW has put out
Whether a Committee (e) of newspapers advertisements in
constituted with outside the RTI Act, 2005. leading news papers and experts - Yes/ NO haveasked women to complaint No. of hearings held andspeak up and also the Ministry Current status - has said that they will put up-data Open/Closed/ in litigation in for better governance, It is anyCourt important to know what are If in litigation, details of thecomplaints received and by thecase no. in the Court, them giving the complaint no.date, Type,status, name of type/ category, no. of CIC/NWCOM/A/2018/610721 Page 2 advocate hearings and status and whether in representing NCW. litigation.
It is important to know what the final outcome of the complaints is and performance ofthe Complaints cell and NCW has a constitutional body.
This cannot be denied as earlierit has been given to me and alsoothers.
Similar data is also provided byPolice in terms of FIR registered by them.So, NCW cannot deny this.
There is no link that gives theinformation that is desired.
2. Minutes of meeting of The information is The link does not open. Thescreen NCWBoard and Chairperson available on shot of error message isas under.
since the website of National This site can't be
June 2014 to date Commission for Women reached10.25.192.170 took too
[please note that in case of i.e. long torespond. Even in the earlier
CICthese are uploaded on http://10.25.192.170/ncw/ (unresponded RTI dated
the frmMom.aspx October19, 2016) which is also
website itself. part of
cic.gov.in/circulars- the HC proceedings in
andmom/27 wp5892/2015, I had been
seekingminutes of the Board
meeting in
which the Fact Finding report
ofChatwal Committee dated April
7, 2016 was placed. But till
datethey have not provided it. I
hadalso written a letter to the
CPIOwho is the legal officer
alsodated which is annexed but she
has not cared to revert.
Instead she advised that I canseek
the minutes under RTI andnow she
has failed to provide it
giving a URL link which does
notwork.
So, the information can be easily
downloaded and can beprovided. It
is also a permanent
record of all important
decisionsand resolutions.
3. Annual report of the NCW The information is The same is now accessible
since 2014 to date not available onthe website of under the URL
uploaded. If uploaded, National http://ncw.nic.in/pdfReports/An
please provide the link and if Commission for Women nual_Report_2015-
not uploaded, please upload. i.e. 16_English_Full.pdf
http://ncw.nic.in/frmPubRe and likewise for earlier years.
port.aspx
4. Tour details of the The information is not form Every public officer is required to
Chairperson and Board ofany document and submit a tour report and claim
members since compilation of the same expenses and track it.
January 2013 till date. will be voluminous without It is not clear what is
[in most of the public apparently fulfilling any fiduciaryand that it does not serve
authorities, these are part public interest. public
ofthe voluntary disclosures interest.
suchas
http://cic.gov.in/sites/default As per Chapter V, section 15 of
/files/RTI%20Disclosure/Tou NCW Act, 1990 it is stated that
r%20Details%20for%20uplo " Chairperson, Members andStaff of
ading%20on%20website%60 the Commission to be
-1.pdf public servants.--The
Chairperson, the Members,
officers and other employees ofthe
Commission shall be deemed to be
public servants within the meaning
of section 21 of the Indian Penal
Code (45 of 1860)".
I have also given the link to theCIC
CIC/NWCOM/A/2018/610721 Page 3
site as regards details
submitted by Information
Commissioners.
3. Appellant alleged that she was "harassed as NCW acting CP -
NirmalaSamantPrabhavalkar conducted an inquiry in Mumbai office of State Women Commission and said that she is responsible for State of Maharashtra. She travelled at cost of NCW for such hearings.As per the Chatwal Committee report initiated pursuant to the order of CIC dated June 12, 2015 under my complaint u/s 18 of RTI Act dated May 2015 in second appeal no. 332/ 2014, she was held responsible for loss of documents. In this case also, no action has been taken against her by NCW and as per the affidavit submitted by CPIO of NCW in July 2015. She conducted a hearing in Mumbai office of State Commission on a holiday i.e. 4th Saturday and what transpired at hearing is only known to her. The minutes were made by her 6 months later for submission in the High Court of Mumbai onMarch 25, 2014 and which are also under question as regards the validity.I would like to see the tour report of the members and also including that of Mrs. NirmalaSamantPrabhavalkar. I am sure it is available and maintained by their respective admin department. She was asked to resign just before the CIC hearing on December 30, 2014 in appeal no. 332/ 2014 (Minakshi vs. NCW)".
4. Appellant further submitted: It is known to the CPIO being also the legal officer that in the writ petition filed by me in Delhi High Court 5892/2015, pursuant to the notice issued to both Women & Child Ministry and National Commission for Women, NCW set up a Fact Finding Committee under Mr. O.P.Chatwal (ex-DIG, CBI) in which it had also dealt with my RTI dated December 2 and 11, 2013. In this RTI also, I had sought information as regards the cases filed in NCW. Through a reply dated July 2014, NCW had send me a detailed reply showing the case no. and other particulars under each category and for each of the years for which information was requested.Hence, there is no reason as to why it is denied now on the pretext that it is available on the website whereas it is not available and then URL link does not display anything. It is presumed that the level of transparency is higher than it was in 2014 but such a vague reply is disappointing. The annual report only has the statistical information of total number of cases but not the manner in which it is sought giving case no, category, number of hearings, status etc. in the same manner as CIC/NWCOM/A/2018/610721 Page 4 was given to me under RTI dated December 2013 which was subject matter of the Fact Finding Committee and hence, the legal officer and CIC is fully aware and is on the record and file of NCW.This is the third appeal that has been filed in 2017 as regards the functioning in NCW. The other 2hearings are scheduled for January 31, 2018 in appeal no. CIC/MOWCD/A/2018/102543 andCIC/NCFWO/A/2017/607207. There have been other orders also passing strictures against NCW -CPIO and also levy of penalty of the earlier FAA - Mr. Raju in another case i.e. CIC/NCFWO/A/2017/135800.
5. She further submitted: There is a repeated abuse of my right and such disregard has continued despite the earlier warnings in order dated December 30, 2014 in second appeal 332/ 2014 and adjunct to order dated March 28, 2016 in Adjunct to Decision No. CIC/MP/A/2015/001472. Such harassment and violation of a citizen's right is evident. The CPIO is an advocate and well versed with the law and legislation. In another matter before Maharashtra State Information Commission as regards the details of cases registered by cyber police station in last 3 years, it was provided after order dated November 7, 2017 in complaint to SIC and I was also allowed inspection of the crime register. I pray for strict action against the CPIO and also penalty to levied and compensation for trauma and harassment being caused to be repeatedly by NCW. Such has been NCW's disregard to orders of the Court and also CIC not only in this case but even others. The grounds are as stated in First Appeal. I seek exemplary penalty to be imposed for such disregard and abuse by the WCD despite a detailed First Appeal. I request for compensation for the harassment and trauma caused to me by denial of information despite warnings in earlier orders and stricture passed against the NCW CPIO and FAA. I also request for penalty to be levied for such deliberate delays and replies without any application of mind in gross negligence of duty and in abuse of the mandate of the NCW to ensure that rights of women are upheld.
6. Mr. Ravinder Singh, CPIO and Ms. K. Lalita, former CPIO submitted that the information regarding status of complaints and appeals before NCW for the period 2014-17 is voluminous an is not available in complied form. The officers further stated that the total no. of category wise cases pending and disposed off before the NCW is available at their official web-site and the extract of the same has been supplied to the appellant.
CIC/NWCOM/A/2018/610721 Page 5 Analysis
7. It is unthinkable and devoid of reason that the National Commission Women contends that the information about complaints, name of respondent/organization, number of hearings and current status of litigation if any is information given to NCW is in fiduciary capacity and hence they cannot disclose it. If that is the case entire activity of NCW is in fiduciary, which according to it means top secret and cannot be shared with the people. This is absurd and deliberate denial of information. Another wonderful absurdity is that this illegal reply was confirmed by the First Appellate Authority. If the higher authorities above two these officers have approved this reply, it will be a great tragedy.
8. The decision making process, minutes of meeting and decisions are supposed to be voluntarily disclosed by the public authority as per Section 4(1)(b) of RTI Act on their own and this has to be updated from time to time. Surprisingly, this NCW does not host any information about minutes and refuse such information when asked under RTI by the citizen. This is blatant violation of RTI Act. The FAA has illegally supported the decision of CPIO.
9. Availability of information on website is no defense to deny the information. There are access problems with the website loaded information. It may not open at a particular point, and the complainant may not be in a position to have access because of inability, absence of power and absence of required band width or server problem. Website cannot answer the applicant's requirement of certified copy. The CPIO has a duty to furnish information through certified copy. If annual reports are priced publications, the CPIO can ask for the price and send it to the RTI applicant. If not he could give at a cost of Rs 2 per page. Simply intimating applicant that website contains information sought amounts to insufficient or incomplete information and it is denial. Both CPIO and FAA did not apply their mind to this aspect also. Sad.
10. On perusal of records submitted by the CPIO and browsing of the official web-site the Commission finds that the web-site is short of relevant records and data that supposed to reflect the core functioning of NCW. The sou-moto disclosures on their website as per Sec. 4(1)(b) of RTI act is totally insufficient. Instead of giving specific & detailed information regarding 17 categories mentioned in Sec. 4(1)(b) they have simply furnished the bare Act, rules and CIC/NWCOM/A/2018/610721 Page 6 regulations. Details of employees were not made available. There is no mention of the powers and duties of each & every office with name & designation. It doesn't convey any information to the viewer as to who will perform what functions and on what basis. Similarly, the categories of documents are also too general, nothing is specific. The most important aspect i.e. the Minutes of Boards, Counsel Committees & other bodies were not provided. There are no FAQ's. The Public Authority must have provided the detailed procedure for filing the RTI offline in the same manner as they have provided for online. A practical guide to filing a complaint & the follow up mechanism along with possibilities of knowing the status of the investigation & action taken from time to time should have been provided. Thus NCW is Section 4(1) non-compliant, which means continuous breach of RTI Act since 2006.
11. The National Commission for Women is a public authority to deal with the complaints about Bigamy/Polygamy, Cyber Crime, Dowry harassment/ dowry death, Free Legal Aid, Gender Discrimination including equal right to education & work,Indecent Representation of Women, Outraging Modesty, Police Apathy against Women, Privacy and Rights, Reproductive health rights, Right to Exercise Choice in marriage, Right to live with dignity, Sex selective abortion / female foeticide / amniocentesis, Sexual harassment including sexual harassment at workplace, Stalking / Voyeurism, Traditional practices derogatory to women rights, i.e. sati pratha, devdasipratha, witch hunting, Trafficking / Prostitution of women, Violence, Women's right of custody of children in the event of divorce, etc.The Commission functions for the disposal of such complaints after hearing the parties involved. Therefore, it has a duty and a statutory obligation to disclose details regarding its functioning, daily proceedings and orders/directions issued in every case of complaint involving the rights of women, in the public domain.
12. The National Commission for Women is expected to tell the people in general what it was doing on complaints and what action resulted. The NCW cannot deny the information what High Court or Supreme Court or Tribunals or quasi-judicial bodies are giving. Each and every order given by the Commissions are available on their websites. The NCW has to mind especially the following categories of information to be disclosed under Section 4(1)(b):
i. the powers and duties of its officers and employees;
CIC/NWCOM/A/2018/610721 Page 7
ii. the procedure followed in the decision making process, including channels of
supervision and accountability;
iii. the norms set by it for the discharge of its functions;
iv. the rules, regulations, instructions, manuals and records, held by it or under its
control or used by its employees for discharging its functions;
v. ....
vi. the particulars of any arrangement that exists for consultation with, or
representation by, the members of the public in relation to the formulation of its policy or implementation thereof;
vii. a statement of the boards, councils, committees and other bodies consisting of two or more persons constituted as its part or for the purpose of its advice, and as to whether meetings of those boards, councils, committees and other bodies are open to the public, or the minutes of such meetings are accessible for public;
13. The information sought by the appellant falls under the above categories and hence cannot be denied. Section 4(1)(c) and (d) impose the duty of the public authority to explain the policies and reasons for the decisions.
c) publish all relevant facts while formulating important policies or announcing the decisions which affect public;
d) provide reasons for its administrative or quasi-judicial decisions to affected persons.
14. Every administrative direction and decision in every quasi-judicial proceedingneed to be disclosed. The NCW is refusing to give information about their minutes and decisions. They have converted their hearings, directions and actions into some numbers and giving that as the information. The NCW devised a mechanism of giving statistics and not the required information. Ambiguous statistics do not amount to denial. All these years the NCW lost the opportunity of telling the people that they have effectively resolved problems (if any) and grievances of the women who approached them, by not reporting them. Its most unfortunate that law-knowing officers consider that such information is 'fiduciary' and thus 'secret'. If a case is filed in Supreme Court, the complainant and others get to know what the decision was, but not in NCW. Section 10 of National Commission for Women Act, 1990 deals with Functions of the Commission saying.--(1) The Commission shall perform all or any of the following functions,and they are the questions the NCW has to answer voluntarily. The questions based on Section 10 are:
(a) Did NCW investigate and examine all matters relating to the safeguards provided for women under the Constitution and other law?;
(b) Did NCW present to the Central Government, annually and at such other times as the Commission may deem fit, reports upon the working of those safeguards?;
CIC/NWCOM/A/2018/610721 Page 8
(c) Did NCW make in such reports recommendations for the effective implementation of those safeguards for improving the conditions of women by the Union or any State?;
(d) Did NCW review, from time to time, the existing provisions of the Constitution and other laws affecting women and recommend amendments thereto so as to suggest remedial legislative measures to meet any lacunae, inadequacies or shortcomings in such legislations?;
(e) Did NCW take up the cases of violation of the provisions of the Constitution and of other laws relating to women with the appropriate authorities?;
(f) Did NCW look into complaints and take suo-moto notice of matters relating to--
(i) deprivation of women's rights?;
(ii) non-implementation of laws enacted to provide protection to women and also to achieve the objective of equality and development?;
(iii) non-compliance of policy decisions, guidelines or instructions aimed at mitigating hardships and ensuring welfare and providing relief to women, and take up the issues arising out of such matters with appropriate authorities?;
(g) Did NCW call for special studies or investigations into specific problems or situations arising out of discrimination and atrocities against women and identify the constraints so as to recommend strategies for their removal?;
(h) Did NCW undertake promotional and educational research so as to suggest ways of ensuring due representation of women in all spheres and identify factors responsible for impeding their advancement, such as, lack of access to housing and basic services, inadequate support services and technologies for reducing drudgery and occupational health hazards and for increasing their productivity?;
(i) Did NCW participate and advise on the planning process of socio-economic development of women?;
(j) Did NCW evaluate the progress of the development of women under the Union and any State?;
(k) Did NCW inspect or cause to be inspected a jail, remand home, women's institution or other place of custody where women are kept as prisoners or otherwise, and take up with the concerned authorities for remedial action, if found necessary?;
(l) Did NCW fund litigation involving issues affecting a large body of women?;
(m) Did NCW make periodical reports to the Government on any matter pertaining to women and in particular various difficulties under which women toil?;
15. Their website should contain the report of activities on each of the above question which is based on the clauses under Section 10.
16. The CPIO denied even the annual reports, tour details, which is illegal and not acceptable. NCW has toimmediately initiate the required mechanism for maintenance of the orders, directions, passed in every case. Except the names of the victims of sexual assaults every other details need to be disclosed so that CIC/NWCOM/A/2018/610721 Page 9 vulnerable sections would find reassurance at the Commission and accused- respondents would be deterred from repeating the offences, as the NCW will not spare them.The complaints by victims of sexual assaults and harassment could be mentioned as Ms. X, and victim children of trafficking could be mentioned as Child x. The reports of mediation facilitated by NCW in matrimonial disputes if any need not be reported, except the brief result whether successful.
17. The Commission's order dated 08.06.2018:
18. The Commission recommends NCW to give information on every complaint/representation made to it, its action, hearing, decision/direction from January 1, 2014 till October 31, 2017 as sought within a month and make it a regulardisclosure policy in the format suggested by appellant for all the remaining years within two months and update it every week or fortnight or month as per their convenience.
19. The Commission directs all the tour details of the Chairpersons and members as sought be disclosed to appellant, and hereafter, keep such information on the official website regularly. The Commission directs the CPIO to report the compliance of orders of the CIC in earlier appeals of this appellant referred above.
20. The Commission directs the CPIOMs. K.Lalitha toshow cause why maximum penalty should not be imposed against her for denying the information illegally and directs the First Appellate Authority Mr.R C Ahuja, to explain why he has confirmed the order of the CPIO without applying mind.
21. The Commission directs the public authority to explain why it should not be directed to pay compensation to the appellant, as she was harassed and denied the information which NCW should have given on its own.
22. All the responses shall reach by July 4, 2018 and the case is posted for compliance and penalty at 2.30 at July 4, 2018.
Decision :
18. Smt. K. Lalita, Assistant Law Officer in her written submissions dated 03.07.2018, explained as under:
"I am to refer to the above mentioned Order dated 30.05.2018, and to submit the following facts for your kind consideration:
(i) Ms. MinakshiMaheshwari vide her online RTI application No. NCFWO/R/2017/50097 dated 6.11.2017 had sought information relating to Year wise complaints details received by NCW since Jan.1, 2014 till October, 31, 2017, Minutes of meeting of NCW Board and Chairperson since June, 2014 to date, Tour details since Jan, 2013 and Annual Report of NCW etc...
(ii) The custodian of information, i.e. Complaint & Investigation Cell & Administration Section was vide letter dated 7.11.2017 requested to furnish the requisite information.
(iii) Ms. MinakshiMaheshwari was furnished information on the basis of inputs received from the concerned units, Vide letter dated 4.12.2017.
CIC/NWCOM/A/2018/610721 Page 10
(iv) Aggrieved with the information furnished by the CPIO, Ms. Mahehswari had preferred First Appeal before the First Appellate Authority. The First Appellate Authority vide Order dated 8.1.2018 disposed of the Appeal upholding the reply given by the CPIO.
2. As per my understanding of the RTI Act, 2005, the information requested for by an RTI applicant, has to be provided in the manner and the form, it is maintained and it is not required to be being compiled in a different manner or form as may be requested for by the RTI applicant. It is further submitted that the Hon'ble Delhi High Court in its decision dated 07/01/2016 [LPA 24/2015 & CM No. 965/2015, The Registrar of Supreme Court of India vs. Commodore Lokesh K Batra&Ors.] stated that:-
"15. On a combined reading of Section 4(1)(a) and Section 2(i), it appears to us that the requirement is only to maintain the records in a manner which facilitates the right to information under the Act. As already noticed above, "right to information" under Section 2(j) means only the right to information which is held by any public authority. We do not find any other provision under the Act under which a direction can be issued to the public authority to collate the information in the manner in which it is sought by the applicant."
3. Based on the inputs of the concerned sections, the information was provided to the Appellant. In this regard, I will make the following submissions:
(a) with respect to Question No. 1, it is submitted that as per the, NCW Act, 1990, the mandate of the National Commission for Women inter alia is to look into the complaints and take suomotu notice of matters relating to deprivation of women's rights, non-implementation of laws enacted to provide protection to women and also to achieve the objective of equality and development, non-compliance of policy decisions, guidelines or instructions aimed at mitigating hardships and ensuring welfare and providing relief to women, and take up the issues arising out of such matters with appropriate authorities, however, the same To my understanding, the NCW Act does not specifically give any adjudicating or implementing authority to NCW, while dealing with complaints received in the Commission.
NCW's role is limited to providing support to the complainant by taking up the matter with the implementing agencies and providing them counselling as to the course of action available to them. The information with NCW was provided to the Appellant, however regarding the second part of the information sought by the appellant was denied u/s Section 8 (1) (e) of the RTI Act, to protect the details of the complainants, nature of complaints, that may lead to unwarranted invasion of privacy of the concerned complainants and also of the alleged respondents/accused.
(b) With respect to the question No. 2 of the RTI application of Ms.Maheshwari, it is humbly submitted that the information was provided to the appellant on the basis of inputs received from the Administration Section of NCW.
(c) With respect to question No. 3 of the RTI application of Ms.Maheshwari, it is humbly submitted that the annual reports of the NCW since 2014, as requested by her, is available in its website and CIC/NWCOM/A/2018/610721 Page 11 the same is in public domain, The appellant has acknowledged the same in her appeal.
(d) With respect to question No. 4 regarding tour details, the information that was provided to the appellant on the basis of inputs received from the concerned section,
3. In view of the above facts it is humbly submitted that the CPIO provided the information as was made available by the custodian of information and after considering all the aspect replied accordingly to the appellant. In the light of the above, I wish to submit that I have made my best possible effort keeping in view the spirit of the RTI Act, 2005. It is therefore, requested, that my submissions may be placed before the Hon'ble CIC for considerations and dropping the penal proceedings u/s 20 of the RTI Act, 2005."
19. Mr. R.C. Ahuja, Under Secretary, Staff Selection Commission, in his written submissions dated 03.07.2018, explained that he believed in good faith the conclusion of the CPIO as proper and legal. He gave a lengthy explanation, which the Commission takes note of.
20. Upon perusal of the records and submissions made by the parties, the Commission finds that the information, which could be provided, has been provided to the appellant. The Commission is also convinced that the explanation given by Smt. K. Lalita, Assistant Law Officer is reasonable and satisfactory, hence finds no reason for either to impose penalty on the CPIO or award compensation to the appellant. In view of this, the penalty proceedings are dropped. Disposed of.
SD/-
(M.Sridhar Acharyulu)
Central Information Commissioner
CIC/NWCOM/A/2018/610721 Page 12