Central Information Commission
Robin Singh vs Ministry Of Statistics & Programme ... on 6 August, 2020
Author: Vanaja N Sarna
Bench: Vanaja N Sarna
क य सुचना आयोग
CENTRAL INFORMATION COMMISSION
बाबा गंगनाथ माग
Baba Gangnath Marg
मुिनरका, नई द ली - 110067
Munirka, New Delhi-110067
File no.: CIC/MOSPI/C/2019/659136
In the matter of:
Robin Singh
...Complainant
VS
Dy. Director (SSS) & CPIO
Ministry of Statistics & Programme Implementation
SSS Division, Sardar Patel Bhawan, Sansad Marg,
New Delhi - 110 001
...Respondent
RTI application filed on : 02/10/2019 CPIO replied on : 25/10/2019 First appeal filed on : 08/11/2019
First Appellate Authority order : 02/12/2019 Complaint filed on : 11/12/2019 Date of Hearing : 04/08/2020 Date of Decision : 04/08/2020 The following were present: Complainant: Present over phone
Respondent: Shri Subhash, Senior Statistical Officer, CPIO's representative and Shri Amresh Bahadur Pal, Deputy Director and CPIO Information Sought:
The complainant in his complaint has stated that he is not satisfied with the information provided to him on point no. 6 of the RTI Application, which is stated below:
6. Copy of Notings from SSS cadre on his representation dated 19/08/2019 against suspension order dated 05/07/2019 which he came to know on 12/07/2019 sent from e-mail id [email protected] to [email protected] , [email protected] and [email protected] 1 Grounds for filing Complaint The CPIO has not provided a satisfactory reply to query No. 6 of the RTI application.
Submissions made by Complainant and Respondent during Hearing:
In respect of point no.6 the complainant in his complaint mentioned that his representation relating to suspension must have been received as it was not returned.
During the hearing, he submitted that the representation was sent by him to 5 e-mail ids and it is unlikely that, not even one of the recipients had received it. He further submitted that due to the non disposal of his representation on time he and his family had to suffer severe financial crisis as well as mental agony. He submitted that he was on suspension for five months and even subsistence allowance was not given.
The CPIO reiterated the contents of the reply dated 25.10.2019 and also relied on his written submissions sent to the Commission. He informed that the disciplinary proceedings were dropped and the appellant was informed of this.
Observations:
It is relevant to mention here that the CPIO vide his reply dated 25.10.2019 replied as follows:
"6. Your representation dated 19.08.2018 is not traceable in SSS division.
However, you are advised to file a fresh RTI application and along with attachment of representation dated 19.08.2018, so that the current status of the application, if available, may be intimated to you." The FAA also reiterated the reply of the CPIO and corrected the date as 19.08.2019 in place of 19.08.2018 in the reply.
Shri Amresh Bahadur Pal, Deputy Director and CPIO submitted vide his written submissions dated 25.07.2020 the latest status to the Commission and stated that as far as the representation dated 19.08.2019 is concerned, it informed that the said representation was provided by applicant during the course of personal hearing before the Secretary (S&PI) on 18.10.2019 along with other documents related to his disciplinary proceedings. The representation of applicant dated 19.08.2019 was examined and final decision of competent 2 authority was communicated to applicant vide orders dated 12.12.2019, 26.12.2019 and 13.02.2020. The orders dated 12.12.2019 and 26.12.2019 were issued as per the direction of Hon'ble PB CAT, New Delhi. The order dated 13.02.2020 were issued as per the direction's of Hon'ble High Court of Delhi whereby on submission of unconditional apology, the Disciplinary Authority took lenient view for the applicant and dropped the disciplinary proceeding against the applicant. He further submitted that the information sought being part of the ongoing disciplinary proceedings in respect of the applicant at that time, therefore could not be disclosed to the applicant in terms of Sec 8(1)(h) of the RTI Act. He summed up stating that since the disciplinary proceedings has been concluded, the desired information has already been supplied to the applicant vide letter dated 30.07.2020.
Decision:
The Commission notes that as the representation was already submitted by the applicant on 18.10.2019, the CPIO should have checked the facts before providing a reply on 25.10.2019 asking the applicant to file a fresh RTI application. However, the matter is resolved now as per the submissions of the CPIO and the records were also now supplied after the disciplinary proceeding has been concluded. A strict warning is issued to the CPIO to be careful in future and in case of e-mails it should be kept in mind that the applicant can always be guided to resend the e-mail which he had already sent to keep track of the days also. In view of the fact that there was no malafide intent on the part of the CPIO, the Commission has taken a lenient view and closes the case with a warning only.
The complaint is disposed of accordingly.
Vanaja N. Sarna (वनजा एन. सरना) Information Commissioner (सूचना आयु ) 3 Authenticated true copy (अिभ मा णत स या पत ित) A.K. Assija (ऐ.के. असीजा) Dy. Registrar (उप-पंजीयक) 011- 26182594 / दनांक / Date 4