Central Information Commission
P N Singh vs Ministry Of Women & Child Development on 25 September, 2020
Author: Vanaja N Sarna
Bench: Vanaja N Sarna
केंद्रीय सच
ु ना आयोग
CENTRAL INFORMATION COMMISSION
बाबा गंगनाथ मागग
Baba Gangnath Marg
मनु नरका, नई ददल्ऱी - 110067
Munirka, New Delhi-110067
File no.: CIC/DOWCD/A/2018/145720/MOWCD
In the matter of:
P N Singh
... Appellant
VS
Central Public Information Officer,
Ministry Of Women and Child Development (MOWCD),
Shastri Bhawan, New Delhi - 110001
...Respondent
RTI application filed on : 05/02/2018 CPIO replied on : Not on record First appeal filed on : 19/04/2018 First Appellate Authority order : Not on record Second Appeal dated : 14/07/2018 Date of Hearing : 27/08/2020, 24/09/2020 Date of Decision : 27/08/2020, 24/09/2020 The following were present: Appellant: Present over VC Respondent: Not present Information Sought:
The appellant has made a reference to his letter dated 25/01/2017, which has been forwarded to the MOWCD by the Ministry of Law Justice vide Office Memorandum dated 03/02/2017. The said letter dated 25/01/2017 has been written in connection with the Suppression of Immoral Traffic in Women and Girls (Amendment) Act, 1986. In the said context, the appellant has sought the action taken report in the matter.
1Grounds for Second Appeal The CPIO has not provided the desired information.
Submissions made by Appellant and Respondent during Hearing:
The appellant pressed for repealing the Immoral Traffic in Women and Girls (Amendment) Act, 1986. He was informed that this is outside the purview of the RTI Act. However, an action taken report on his representation should have been given. The CPIO was not present during the hearing despite duly served notice on 03.08.2020 vide speed post acknowledgment no. ED596638626IN. Observations:
Based on a perusal of the record, it was noted that there is no reply on record. Moreover, the CPIO was also not present to explain why no reply was provided and also why the first appeal was not disposed of. The record shows that the appellant's representation was forwarded to the Ministry of Women and Child Development.
Interim Decision:
The CPIO's conduct in not having provided a reply on the RTI Application, and also not being present during hearing, amounts to gross violation of the provisions of the RTI Act. Moreover, there was no reply provided till date. In view of this, the Commission directs the CPIO to appear before the bench on 24.09.2020 at 01.20 pm in person/audio to show cause as to why action should not be initiated against him/her under Section 20(1) and (2) of the RTI Act. The CPIO is also directed to send a copy of all supporting documents upon which he/she chooses to rely upon during the hearing. The said documents be sent to the Commission atleast two days prior to the hearing via linkpaper. If any other persons are responsible for the said omission, the CPIO shall serve a copy of this order on such persons to direct their presence before the bench as well.
The CPIO is also given a last opportunity to provide an apt reply to the appellant, within 7 days from the date of issue of this order.
The case is adjourned accordingly.
Date of Hearing: 24/09/2020 Date of Decision: 24/09/2020 2 The following were present:
Respondent: Shri Daya Shankar, Deputy Secretary and CPIO, present over VC Submissions made by Appellant and Respondent during Hearing:
Shri Dayashanker Deputy Secretary and CPIO vide written submissions dated 22.09.2020 submitted that the Nodal CPIO, RTI Cell, MWCD when contacted the office of CIC on 26.08.2020, it was informed that the relevant application etc. had been sent to the concerned, CPIO of the Ministry. However, CPIO MWCD has confirmed that the RTI application and first appeal preferred by Shri P.N Singh had not been received in the RTI Cell earlier. He further submitted that since he was not aware of the hearing schedule on 27.08.2020;
it could not be attended by MWCD. He further submitted that on 27.08.2020, he was away in his hometown to see his aged and ailing mother but he had deputed two officers of the Ministry who worked in the section under his charge namely Shri Santanu Brajabasi, Under Secretary and Shri Manoj Kumar Prabhat, Under Secretary to attend the hearing in another matter of Shri Akash Das on the same day. Had he been aware of this hearing also he would have deputed the above officers to attend the same. He further summed up stating that there was no wilful intention to not attend the hearing in the matter. He also submitted that after receiving the RTI application from CIC a reply was sent to the appellant via e-mail and speed post on 22.09.2020 Observations:
Based on a perusal of the record, it was noted that the CPIO pleaded that the RTI application and the first appeal could not be traced. He further submitted that after the hearing notice was received a suitable reply was sent to the applicant informing him that the issue raised by the appellant is already a subject matter of as PIL and is sub judice before the Supreme Court. Decision:
The Commission observes that the absence of the respondent despite duly served notice was not proper, in case the notice was not served by the concerned staff to the CPIO the same shows the poor handling of RTI correspondence in the respondent's office. They are cautioned to be careful in future. As far as the reply dated 22.09.2020 is concerned, the same is exhaustive and self explanatory. There is no further action required in this case, the case is treated as closed.3
The CPIO, Shri Daya Shankar submitted during the hearing that the then CPIO was Smt. Shipra Ray, who retired from service in June 2020. In view of the same, the Commission advises the present CPIO to maintain a proper Diary/Register for inward and outward entry of receipt of RTI applications and first appeals and henceforth non tracing of RTI applications and first appeals shall not be accepted. The CPIO should note that in case of any future instance of absence for a CIC hearing, strict action shall be taken as per Sec 20 of the RTI Act.
The appeal is disposed of accordingly.
Vanaja N. Sarna (वनजा एन. सरना) Information Commissioner (सच ू ना आयक् ु त) Authenticated true copy (अभिप्रमाणित सत्यापित प्रतत) A.K. Assija (ऐ.के. असीजा) Dy. Registrar (उप-पंजीयक) 011- 26182594 / दिन ंक / Date 4