Central Information Commission
Varun Krishna vs Spmcil Corporate Office on 13 August, 2020
Author: Neeraj Kumar Gupta
Bench: Neeraj Kumar Gupta
के न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग,मुननरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
निकायत संख्या / Complaint No. CIC/SPMCO/C/2018/636997
Varun Krishna ...निकायतकताग/Complainant
VERSUS
बनाम
CPIO, Security Printing And Minting ...प्रनतवािी/Respondent
Corporation Of India Limited
(SPMCIL), New Delhi.
Relevant dates emerging from the complaint:
RTI : 10-11-2018 FA : Not on record Complaint: 18-12-2018
CPIO : 05-12-2018 FAO : Not on record Hearing: 06-08-2020
ORDER
1. The complainant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Security Printing And Minting Corporation Of India Limited (SPMCIL), New Delhi seeking following information:-
"a) Subject matter of information: Pertaining to Case No:
CIC/IGMHY/C/2017/169286-BJ & CIC/IGMHY/C/2018/612942-BJ Dtd 17.9.18 where the Commission instructed the CMD, SPMCIL to ensure the implementation of the aforementioned direction and also suo-motu disclosure of such information in its organization as well as its other Units.
b) The period to which information relates: 17.9.18 till the Date of this RTI application.
c) Description of Information required: Please provide certified copies of following information:
1. Copies of all documents executed, prepared, issued and received along with office file noting pertaining to compliance of CIC decision.Page 1 of 4
2. Date along with Website links of all the units and corporate office proving compliance of CIC decision.
3. If decision is not complied till current date then provide reasons available on record for non compliance along with Name, Designation and Official Mobile number of the concerned official accountable.
4. Action taken by the CMD-SPMCIL upon erring official mentioned at Sno 3 along with Official Mobile number and official residence number of CMD-SPMCIL."
2. The CPIO responded on 05-12-2018. Thereafter, the complainant filed a complaint u/Section 18 of the RTI Act before the Commission requesting to take appropriate legal action against the CPIO u/Section 20 of the RTI Act, 2005. Hearing:
3. The complainant, Mr. Varun Krishna attended the hearing through audio conferencing. Mr. V Balaji, AGM/HR participated in the hearing representing the respondent through audio conferencing. The written submissions are taken on record.
4. At the outset, the complainant informed the Commission that the CPIO had given him a backdated reply as the reply dated 05-12-2018 was received on 12-12- 2018. The complainant contended that the CPIO has neither provided him the file noting pertaining to the compliance of case no. CIC/IGMHY/C/2017/169286-BJ & CIC/IGMHY/C/2018/612942-BJ dated 17.09.2018 nor has specifically claimed any exemption. Further, the CPIO has provided him the landline no. of the CMD instead of the specifically sought official mobile number and official residence number of the CMD-SPMCIL. In this regard, he contended that the official mobile/residence numbers of the government officials whose bills are paid out of the public exchequer are supposed to be disclosed on the website of the public authority as per Section 4(1)(b) of the RTI Act, 2005. He further expressed that keeping official mobile numbers in the public domain tends to solve the grievances by contacting the head of the department. He alleged that the CPIO is obstructing information deliberately, knowingly, and with the mala-fide intentions and therefore, an appropriate action should be initiated against the CPIO for not providing the information till date.
5. The respondent could not offer any further explanation and instead reiterated their earlier reply dated 05-12-2018. He confirmed that the reply dated 05-12-2018 was not antedated.
Page 2 of 4Decision:
6. This Commission is not adjudicating on furnishing the information to the complainant and therefore, the legal issue to be decided herein is whether there is any malafide of the CPIO which attracts penal action u/Section 20 of the RTI Act, 2005. This Commission observes that the then CPIO, Mr. V Balaji has neither provided the file noting nor has claimed any exemption for its denial. Further, the CPIO did not provide the official mobile number and official residence number of the CMD-SPMCIL. Instead, the then CPIO had provided the official landline number of the CMD on which he could be contacted. This shows non-application of mind by the then CPIO. However, he did not have any intention to hide the official contact no. of the CMD. As such, no malafide is observed on the part of the then CPIO. It is to be noted that the CPIO is duty bound to either disclose the available information or specifically claim the exemption if it is of exempted category. In case certain information is not available in the records of the public authority, it is imperative to specifically indicate the factual position regarding non-availability of information. But the CPIO in the instant case remained silent w.r.t. the information such as file noting, official mobile and residence number of the CMD. He did not even bother to factor this aspect in his reply. The CPIO is found lacking with regard to the procedural requirements under the RTI Act, 2005. This reflects callousness on the part of the then CPIO, Mr. V Balaji and therefore, he is warned to be more meticulous in future and not to contravene the provisions of the RTI Act, 2005.
7. With the above observations, the complaint is disposed of.
8. Copy of the decision be provided free of cost to the parties.
Neeraj Kumar Gupta ( )
Information Commissioner (सूचना आयुक्त)
दिनांक / Date:06-08-2020
Authenticated true copy
(अनिप्रमानित सत्यानित प्रनत)
S. C. Sharma (एस. स . ),
Dy. Registrar (उि-िंजीयक),
(011-26105682)
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Addresses of the parties:
1. The CPIO
Security Printing And Minting Corporation Of
India Limited (SPMCIL), Nodal PIO, RTI Cell,
16th Floor, Jawahar Vyapar Bhawan, Janpath,
New Delhi-110001.
2. Varun Krishna
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