Central Information Commission
Mr.Satyender Kumar Singh vs Staff Selection Commission on 28 February, 2012
Central Information Commission, New Delhi
File No.CIC/SM/C/2011/001208
Right to Information Act2005Under Section (19)
Date of hearing : 28 February 2012
Date of decision : 28 February 2012
Name of the Appellant : Shri Satyender Kumar Singh,
C/o Raj Narayan Singh, Mohalla Jagdev
Nagar, West of Bazar, Samiti, PO Annaith,
Arrah, PS Nawada, Distt Bhojpur, Bihar
802301
Name of the Public Authority : Central Public Information Officer,
Staff Selection Commission (C.R.),
8AB Baily Road, Allahabad
: Central Public Information Commission,
Staff Selection Commission,
Block No. 12, CGO Complex,
New Delhi
The Appellant was present in person.
On behalf of the Respondent, Shri K.K. Shrivastava, CPIO, was present.
Chief Information Commissioner : Shri Satyananda Mishra
2. The Appellant was present in the Bhojpur studio of the NIC. The Respondent was present in the Allahabad studio. We heard both their submissions.
3. The Appellant had wanted to get a photocopy of his answer sheet for the ASICPO examination conducted in 2007. When he did not receive any response from the CPIO, he had preferred an appeal before the Appellate Authority. He too did not respond to him. Then, he sent a complaint to us. In our order dated 19 October 2011, we had directed the Appellate Authority to look into the case and pass a speaking order. The Appellant submitted that even CIC/SM/A/2011/001208 after this, he had received no information or response from the SSC.
4. We wanted the CPIO (KK Shrivastava) to explain why he had not responded to the Appellant in time. He explained that although the RTI application dated 10 May had been received by him on 21 May, he was able to transfer it to the CPIO of the head office of the SSC only on 24 December, and that is, after the lapse of nearly 7 months. He further submitted that the delay was partly due to the fact that the legal assistant of the Regional Office dealing with the RTI matters was on leave for nearly 2 months. Even if we ignore the delay of two months, there is no valid explanation for the delay of the remaining five months. The CPIO tried to explain this delay by claiming that he had a very heavy workload during this period and, therefore, could not attend to the RTI application. This is absolutely no explanation. Not attending to the RTI application, specially when this was only to be transferred to the CPIO of the head office, due to heavy workload cannot be accepted as valid explanation. The CPIO has, thus, rendered himself fully liable for imposition of penalty in terms of the provisions of subsection 1 of Section 20 of Right to Information (RTI) Act. This period of delay on his part deserves the imposition of maximum penalty of Rs. 25,000. We impose this penalty on him and direct the Chairman SSC to deduct this amount from his monthly salary in five equal instalments beginning April 2012 and to send it to Shri Vijay Bhalla, Deputy Registrar, Central Information Commission, Room No. 309, August Kranti Bhawan, Bhikaji Cama Place, New Delhi - 110 066, by way of demand draft drawn in favour of the 'PAO, CAT' and payable at New Delhi.
5. We were informed during the hearing that the desired information, namely, the copies of the answer sheet etc for the 2007 examination were no longer available having been weeded out in terms of the record retention CIC/SM/A/2011/001208 schedule followed by the SSC. Thus, there is no material information any longer available to be provided to the Appellant.
6. The case is disposed off accordingly.
7. Copies of this order be given free of cost to the parties.
(Satyananda Mishra) Chief Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges prescribed under the Act to the CPIO of this Commission.
(Vijay Bhalla) Deputy Registrar CIC/SM/A/2011/001208