Central Information Commission
Lalita Kumari vs Ministry Of Human Resource Development on 30 January, 2018
CENTRAL INFORMATION COMMISSION
Baba Gang Nath Marg,
Munirka, New Delhi -110067
Tel : +91-11-26186535
Complaint No. CIC/SA/C/2016/000374
Complainant: Ms. Lalita Kumari,
Respondent: Central Public Information Officer,
Under Secy. (TC),
M/o. HRD, Room No. 407-C,
Shastri Bhavan,
New Delhi
Date of Hearing: 26.12.2017
Dated of Decision: 26.12.2017
ORDER
Facts:
1. The complainant filed RTI application dated 08.12.2015 seeking information regarding: copy of the application with all enclosures vide which files of HRD section and vigilance section with respect to Mrs. Anju Banerjee, Ex. CMD, EdCIL were submitted to Hon'ble Supreme Court of India; details of action taken for recovery of medical expenses worth Rs. 15 Lakhs from Mrs. Anju Banerjee, etc.
2. The CPIO responded on 28.01.2016. The complainant filed first appeal dated 18.02.2016 with the First Appellate Authority (FAA). The FAA, EdCIL responded on 19.04.2016. The complainant filed complaint on 25.07.2016 before the Commission on the ground that information has not been provided to her.
Hearing:
3. The complainant was represented through Sh. Rajesh Gouhari who was personally present in the hearing. The respondent Sh. Rajesh Singh Solanki was personally present in the hearing. Sh. Sunil Kumar Mathur from EdCIL was personally present in the hearing.1
4. The complainant stated that he has sought information including note-sheet etc. from the respondent regarding the action taken against Mrs. Anju Banerjee, Ex CMD EdCil (India) Ltd. w.r.t. recovery of medical expenses worth Rs. 15 lakhs from Mrs. Anju Banerjee.
5. The complainant stated that no information has been provided to him by the respondent or by EdCIL.
6. The complainant stated that he has also filed first appeal with both the respondent and EdCIL. The complainant further stated that the CPIO, EdCIL has only given an interim reply and the First Appellate Authority of EdCIL has upheld the reply given by the CPIO, EdCIL. The complainant stated that penalty should be imposed on the respondent and CPIO, EdCIL for not giving complete information.
Discussion/ observation:
7. The Commission observed that full information has not been provided to the complainant by the respondent and CPIO, EdCIL.
8. This may appropriately be treated as second appeal. Decision:
9. The respondent and CPIO, EdCIL are directed to give complete information along with complete status of application and note-sheets on the processing of file to the appellant as per his RTI application dated 08.12.2015, within 15 days from the date of receipt of this order.
10. The respondent and CPIO, EdICIL are further directed to show cause in writing the reasons for contravening the provisions of the RTI Act and explain why penalty should not be imposed on him, within 30 days from the date of receipt of this order.
11. The Deputy Registrar is directed to fix a hearing in the matter after 30 days for compliance.
Copy of the order be given to the parties free of cost.
Sd/-
2(Radha Krishna Mathur) Chief Information Commissioner Authenticated true copy Sd/-
(S.C. Sharma) Dy. Registrar Copy to:
CPIO EdCIL (India) Ltd.
18A, Sector 16-A, Noida-201301.
Complaint No. CIC/SA/C/2016/000374 Adjunct Order dated 29.1.2018 Hearing:
1. The matter is listed for compliance of Commission's order dated 26.12.2017.
2. The appellant's representative Mr. Rajesh Gauhari as well as respondent Mr. Rajesh Singh Solanki, Under Secretary/CPIO, Ministry of HRD and Mr. Sunil K. Mathur, DGM(HR&AD) and CPIO, EdCIL(India) Ltd. participated in the hearing personally. The CPIO, EdCIL(India) Ltd. submitted their written submission vide letter dated 18.1.2018 which was taken on record.
3. The appellant stated that he has not received copy of reply to show cause notice, if any submitted by the CPIO, HRD and CPIO EdCIL(India) Ltd. He also stated that no response from CPIO, HRD has been received. He further stated that the response dated 18.1.2018 received from CPIO, EdCIL(India) Ltd. does not provide information as directed by CIC vide its order dated 26.12.2017. The appellant further stated that letter No. F.No.C-18011/1/2012-Vigilance dated 3.7.2012 and letter dated 8.1.2018 was not found enclosed with the response of CPIO, EdCIL(India) Ltd. Regarding reply to query 1 and 2 of RTI application, CPIO EdCIL stated that details is not available with them. The appellant submitted letters dated 17.6.2015 and 15.1.2016 of CPIO, Ministry of HRD which states that 2 files bearing No. 20-19/2010-TS-VII (Vol.I) and 3 C.19011/2/2010-Vig.-I were submitted to Hon'ble Supreme Court of India pertaining to extension of tenure of Smt. Anju Banerjee, Ex-CMD, EdCIL. Accordingly information i.r.o. point 1 & 2 of RTI application is to be supplied by the CPIO, Ministry of HRD. As regards point No.3 of the RTI application, the appellant stated that he has not received any file notings and investigation report. He also objected to the annexure provided by CPIO, EdCIL(India) Ltd. containing conclusion/recommendations and observations stated to be the Vigilance Deptt. of EdCIL as these are not signed by the CVO, EdCIL. The appellant stated that they are the complainant in this case and should be provided complete record pertaining to file notings and investigation reports etc. The appellant also submitted copy of Office Memorandum dated 2.11.2015 of Ministry of HRD relating to proceedings initiated against Mrs. Anju Banerjee, Ex-CMD, EdCIL(India) Ltd. The appellant submitted letter dated 29.8.2016 and requested the Commission that penalty should be imposed on the CPIO, Ministry of HRD and CPIO, EdCIL as they are in connivance, making mockery of RTI Act and evading supply of information.
4. During the hearing the CPIO, EdCIL(India) Ltd. stated that in compliance of Commission's order dated 26.12.2017, they have submitted copy of letter dated 18.1.2018 and a copy has been provided to the appellant. He also stated that they have provided extract of conclusions, recommendation, and observation of Vigilance Department of EdCIL. The CPIO, EdCIL(India) Ltd. stated that since the matter was directly dealt by the Vigilance Cell of Ministry of HRD, therefore the requisite case details is not available with EdCIL.
5. During the hearing the CPIO, Ministry of HRD handed over copy of letter dated 25.1.2018 addressed to the appellant. The CPIO, Ministry of HRD stated that file No. C-19011/2/2010-Vig pertaining to Vigilance clearance was sent to Hon'ble Supreme Court of India in SLP No. 14406/2012 filed by Ed CIL SC/ST Employee Welfare Association. The file contains 6 pages of notes and 1-143 on correspondence side.
6. During the hearing the CPIO, Ministry of HRD submitted copy of letter dated 22.1.2018. The CPIO, Ministry of HRD stated that file No. 20-19/2010- 4 TS-VII (Vol.I), pertains to extension of tenure i.r.o. Smt. Anju Banerjee, Ex- CMD, EdCIL (India) Limited and was sent to the Hon'ble Supreme Court of India, in SLP No. 14406/2012 filed by EdCIL SC/ST Employee Welfare Association. This file no. C-19011/2/2010-Vig. contains 59 pages of notes and 504 pages of correspondence.
Discussion/Observation:
7. The Commission observed that the Vigilance Department of EdCIL(India) Ltd. and Ministry of HRD should also be called for in the hearing.
8. The matter is adjourned.
Decision:
9. The Deputy Registrar is directed to fix a hearing in the matter after 30 days. The Vigilance Department of EdCIL(India) Ltd. and Ministry of HRD should also be called for in the hearing in addition to CPIO, HRD and CPIO, EdCIL. EdCIL shall immediately furnish to the appellant 2 letters stated to have been enclosed with their response to the appellant as referred to in para-3 above. Further, CPIO, Vigilance Section of Ministry of HRD shall immediately furnish to the appellant copy of the application with all enclosures as submitted to the Hon'ble Supreme Court of India and sought for in point 1 of the RTI application. CPIO, HRD, Ministry shall also furnish reply within 7 days for show cause as required by this Commission vide para 10 of this Commission's order dated 26.11.2017 in this case.
Copy of order be given to the parties free of cost.
(Radha Krishna Mathur) Chief Information Commissioner Authenticated true copy (S.C.Sharma) Dy. Registrar Copy to: CPIO, EdCIL (India) Ltd.
18A, Sector 16-A, Noida-201301 5