Central Information Commission
Mohammad Furquan vs Allahabad Museum on 1 April, 2024
Author: Heeralal Samariya
Bench: Heeralal Samariya
के न्द्रीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमागग,मुननरका
Baba Gangnath Marg, Munirka
नईदिल्ली, New Delhi - 110067
निकायत संख्या / Complaint No. CIC/ALDMU/C/2023/670061
Shri MOHAMMAD FURQUAN निकायतकताग /Complainant
VERSUS/बनाम
PIO ...प्रनतवािीगण /Respondent
Allahabad Museum
Date of Hearing : 28.03.2024
Date of Decision : 28.03.2024
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from complaint:
RTI application filed on : 22.11.2022
PIO replied on : NA
First Appeal filed on : 22.12.2022
First Appellate Order on : NA
2ndAppeal/complaint received on : 03.01.2023
Information soughtand background of the case:
The Complainant filed an RTI application dated 22.11.2022 seeking information on following points:-
"1. Soft copy of the letter Received in reply to the above mention letter from Shri Bhupendre Singh Bisht, Under Secretary to G.O.I, Ministry of Culture dated 20th Oct 2022.
2. Current Status of actions that has been taken by Allahabad Museum for relieving from Deputation to Deputation basis w.r.t Sh. Md Furquan after receiving the reply from MOC vide their letter dated 20/10/22 as mentioned by Allahabad Museum in their letter No A.M/Mohd. Furquan/2022-23/313 & 321 dated 21/09/2022.
3. Soft Copy of the letters/Correspondence held between Allahabad Museum and Ministry of Culture, Allahabad Museum and Honorable Governor Page 1 of 4 House, Utter Pradesh, after receiving the letter from Shri Bhupendre Singh Bisht, Under Secretary to G.O.1, Ministry of Culture dated 20th Oct 2022 in respect to relieving from Deputation to Deputation basis in w.r.t Sh. Md Furquan.
4. Soft Copy of the Receipt of speed Post Registry, Screen Shot of Email or any other mode of communication used w.r.t correspondence done by the Allahabad Museum after receiving the letter from Shri Bhupendre Singh Bisht, Under Secretary to G.O.I, Ministry of Culture dated 20th Oct 2022 in respect to relieving from Deputation to Deputation basis in w.r.t Sh. Md Furquan.
5. Soft Copy of Approval note of The Director (I/C) of Allahabad Museum in respect of correspondence done by Allahabad Museum after receiving the letter from Shri Bhupendre Singh Bisht, Under Secretary to G.O.I, Ministry of Culture dated 20th Oct 2022 in respect to relieving from Deputation to Deputation basis in w.r.t Sh. Md Furquan."
Aggrieved by non-receipt of any response from the CPIO, the Complainant filed a First Appeal dated 22.12.2022 which was not adjudicated by the FAA.
The CPIO, Finance cum Accounts officer I/c furnished reply dated 15.03.2024 as under :
1 to 5 : Copy enclosed.
Aggrieved and dissatisfied, the Complainant approached the Commission with the instant Complaint.
Written submission dated 15.03.2024 has been received from the CPIO and same has been taken on record for perusal. The relevant extract whereof is as under:
"...In this context, it is humbly submitted that the letter dated 29.12.2022 wherein Mohammad Furquan alleged to Allahabad Museum in respect of relieving order for Ministry of Rural Department, New Delhi, In this context, it is bring to the notice that Mohammad Furquan's application for the post of Accountant in Department of Rural Development on absorption basis was forwarded with all enclosures vide museum's letter no. 143 dated 14.06.2022 (copy enclosed) in response of vacancy advertisement no. A- 12023/05/2016- Estt-1 dated 25th of April, 2022. In view of above, it is further humbly submitted that Mohammad Furquan was already on deputation and he applied again for deputation to Rural Development.Page 2 of 4
In the meantime, rules and regulations i.r.o. deputation to deputation, the queries from concerned/superior offices i.e. Ministry of Culture, Govt of India and Hon'ble Governor's Secretariate (Chairman, Allahabad Museum Society) etc were under consideration in view of administrative ground. After completing official formalities Mohammad Furquan was relieved accordingly (copy enclosed). As such allegation of Mohammad Furquan that the Museum has not communicated neither the relieving order has been issued to him, is false hence denied. It is worthwhile to mention here that the Allahabad Museum Society is an autonomous body and approval of the same accorded as per instructions/direction of the Hon'ble Governor UP/Chairman, Allahabad Museum Society as well as approval of the Ministry of Culture, Government of India as well.
2. In the meantime, Mohammad Furquan has moved RTI application dated 22.11.2022 and appeal as well on 22.12.2022 within 48 hrs. The reply of the same RTI application has been prepared and is enclosed herewith for information. However, all the concerned information to Mohammad Furquan have been shared by the Museum (copy enclosed). It is also bring to the notice to before hon'ble CIC that the matter was also informed telephonically to Mohammad Furquan.
3. As above (2)..."
Facts emerging in Course of Hearing:
Complainant: Present in person.
Respondent: 1. Mr. Rajesh Mishra, CPIO
2. Mr. Sunil Pandey The Complainant stated that the information has not been furnished by the PIO within stipulated time frame. He stated that he had filed the instant RTI Application in the year 2022 and information has been provided by the PIO in the year 2024 which is gross violation of provision of RTI Act. He requested to impose penalty upon the PIO as per provisions of RTI Act.
The Respondent stated that requisite information has been duly furnished to the Complainant from their official record. Upon being queried regarding the reason for delay in dissemination of information, the PIO stated that the part information was available in Lucknow and part was in Delhi. Furthermore, the decision in the matter was to be taken by the higher authority which caused delay in furnishing the reply. He stated that there was no intention to conceal any information from the RTI Applicant.
Decision:
Commission, after perusal of case records and submissions made during hearing, expresses severe displeasure over the conduct of the then PIO in not Page 3 of 4 having provided appropriate reply to the RTI Application within the time frame stipulated under the RTI Act. Therefore, Commission directs then PIO through the present PIO to send his/her written explanation for the gross violation of provisions of RTI Act. In doing so, if any other persons are also responsible for the omission, the then PIO shall serve a copy of this order on such other persons under intimation to the Commission and ensure that written submissions of all such concerned persons are sent to the Commission. The said written submission of then PIO along with submissions of other concerned persons, if any, should reach the Commission within 30 days from the date of receipt of this order failing which an action under Section 20(1) and 20(2) of the RTI Act will be initiated against him/her, if necessary.
The present PIO will ensure service of this order to then PIO.
Complaint is disposed of accordingly.
Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अभिप्रमाभित सत्याभित प्रभत) S. K. Chitkara (एस. के . नचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 4 of 4