N. G. Patel vs Oil & Natural Gas Corporation Limited ... on 27 October, 2020

[Cites 5, Cited by 0]

Central Information Commission

N. G. Patel vs Oil & Natural Gas Corporation Limited ... on 27 October, 2020

Bench: Neeraj Kumar Gupta

                              के   ीय सूचना आयोग
                       Central Information Commission
                          बाबा गंगनाथ माग, मुिनरका
                        Baba Gangnath Marg, Munirka
                        नई द ली, New Delhi - 110067

ि तीय अपील सं या/Second Appeal No. CIC/ONGCL/A/2019/102342

N. G. Patel                                               ... अपीलकता/Appellant
                                   VERSUS
                                    बनाम
CPIO, O/o. The Oil And Natural                            ... ितवादी/Respondent
Gas Corporation Limited,
Mehsana, Gujarat.

Relevant dates emerging from the appeal:

RTI : 30-08-2018           FA     : 15-10-2018          SA : 17-01-2019
CPIO : 01-10-2018 & 09-
                           FAO : 23-10-2018             Hearing: 20-10-2020
10-2020

                                  ORDER

1. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), O/o. The Oil And Natural Gas Corporation Limited, Mehsana, Gujarat seeking following information:-

"1. Please provide the information about the date on which case initiated by Secretary, AISCSTEWA, ONGC, Mehsana Branch submitted request to ONGC Mehsana Management for organizing workshop on Amendment of Reservation policy & PESA Act for Schedule Tribes.

2. Please provide the information about approving authority of request submitted by Secretary, AISCSTEWA, ONGC Mehsana Branch for organizing Workshop on Amendment of Reservation policy & PESA Act for Schedule Tribes.

3. Please provide the information about dates, venue and approving authorities for similar type of workshop/seminar had organized by ONGC, Mehsana Asset for the upliftment of members of AISCSTEWA Mehsana Branch.

Page 1 of 3

4. Please provide all communication (documents) related to workshop on Amendment of Reservation policy & PESA Act for Schedule Tribes from case initiated to till date."

2. The CPIO responded on 01-10-2018 & 09-10-2020. The appellant filed the first appeal dated 15-10-2018 which was disposed of by the first appellate authority on 23-10-2018. Thereafter, he filed a second appeal u/Section 19(3) of the RTI Act before the Commission requesting to take appropriate legal action against the CPIO u/Section 20 of the RTI Act, 2005 and also to direct him to provide the sought for information.

Hearing:

3. The appellant, Mr. N. G. Patel attended the hearing through audio conferencing. Mr. John Wesley, CPIO participated in the hearing representing the respondent through audio conferencing. The written submissions are taken on record.

4. The appellant stated that the CPIO has provided copy of the attachments only at the stage of 2nd appeal hearing vide letter dated 09-10-2020 and it was initially not provided to him vide CPIO's letter dated 01-10-2018. However, he expressed satisfaction with the given information.

5. The respondent informed the Commission that they have already furnished the sought for information with reference to the RTI application as available in their records to the appellant vide their letter dated 09-10-2020 along with the attachments. He informed the Commission that Ms. R S Narayani, CGM(HR) was the then CPIO. The given reply was also read out by the respondent. Decision:

6. This Commission observes that there is a considerable delay in responding to the RTI application, as the information along with complete enclosures has been provided to the appellant for the first time on 09-10-2020. This indicates that the then CPIO, Ms. R S Narayani, CGM(HR) who held charge of the RTI application has not acted with all due alacrity and has instead obstructed the flow of information despite being aware of the compulsions of time and the imperatives of providing information without any delay. She also failed to ensure that as and when an RTI application is received, the CPIO is obligated to act upon promptly and in any case within the stipulated period. In view of this, the Commission is constrained to impose a penalty of Rs. 500/- u/Section 20(1) of the RTI Act, 2005 on the then CPIO, Ms. R S Narayani who held charge of the RTI application during the relevant period for her casual and callous approach in responding to the RTI application. The amount of Rs. 500/- shall be deducted by the Public Page 2 of 3 Authority from her salary by way of a demand draft drawn in favour of "PAO, CAT", New Delhi and the demand draft should be forwarded to the Deputy Registrar (CR-II), email: [email protected] Room No. 106, First Floor, Central Information Commission, Baba Gangnath Marg, Munirka, New Delhi-110067. This demand draft of Rs. 500/- should reach the Commission by 19.11.2020.

7. With the above observations, the appeal is disposed of.

8. Copy of the decision be provided free of cost to the parties.


                                                            नीरज कु मार गु ा)
                                        Neeraj Kumar Gupta (नीरज           ा
                                                                सूचना आयु )
                                      Information Commissioner (सू

                                                        दनांक / Date:20-10-2020

Authenticated true copy
(अिभ मािणत स यािपत  ित)

S. C. Sharma (एस. सी. शमा),
Dy. Registrar (उप-पंजीयक),
(011-26105682)


Addresses of the parties:


1.    The CPIO
      O/o. The Oil And Natural Gas Corporation
      Limited, Nodal CPIO, RTI Cell, KDM Bhavan,

Palavsana, Mehsana Asset, Mehsana, Gujarat-384003.

2. N.G. Patel Page 3 of 3

Unlock Advanced Research with PRISMAI

Central Information Commission