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Central Information Commission

Mohan Lal vs Nuclear Power Corporation Of India on 9 April, 2018

                      CENTRAL INFORMATION COMMISSION
                        Baba Gang Nath Marg, Munirka,
                              New Delhi -110067
                              Tel : +91-11-26186535

                                      Appeal No. CIC/YA/A/2016/902255
Appellant:               Mohanlal Gupta

Respondent:               Central Public Information Officer
                          Nuclear Power Corporation of India Ltd., 12-N-14,
                          Vikram Sarabhai Bhavan Anushakti Nagar,
                          Mumbai-400094

Date of Hearing:          08.02.2018
Dated of Decision:        08.02.2018

                          ORDER

Facts

1. The instant matter was earlier heard on 03.08.2017. The appellant filed non compliance complaint before the Commission.

2. Hearing:

2. The appellant participated in the hearing in person. The respondent was absent. However, after the hearing, the respondent informed the Commission that they were waiting at their own NPCIL's VC centre as on earlier occasions the VC was facilitated to them at their NPCIL's centre. On query from the Dy. Register, it was informed that the venue of hearing in the notice was at NIC district Centre and no request was received from the respondent regarding changing of the venue of hearing.

3. The appellant stated that the direction of this Commission given in the instant matter vide order dated 03.08.2017 has not been complied with the respondent. The appellant stated that a certified copy of the application for LTC advance, which was part of the LTC claim/bills has not been provided to him. The appellant further stated that the TA bills claimed/ paid to Shri V.K. Gupta from 01.12.2014 to 12.02.2016 has not been provided to him.

The appellant stated that he has not been provided a copy of the decision as to why the IPR of employees has not been uploaded on the website.

Discussion/ observation:

4. On query from the Commission, the appellant stated that he has filed a large no. RTI applications ( more than 10) centric to Shri V.K. Sharma, as he is in litigation with him. Further, the Commission has heard the appellant at length on numerous occasions and observed that the appellant appears to be misusing the RTI Act to settle personal scores.

5. The Hon'ble Punjab & Haryana High Court in its decision dated 01.10.2013 in Civil Writ Petition No. 25217 of 2012 Dr. Rajinder Kumar Singla Versus Panjab University, Chandigarh and others has held that:

'After hearing the averments of the respondents and on perusal of the facts on record, the Commission concludes that undoubtedly the appellant is misusing the RTI Act to settle personal scores with his former employer. The Commission rules that such vexatious applications can be summarily dismissed at the level of the CPIO since it is obvious that these applications are not being preferred in public interest and are in fact adversely impacting the functioning of the public authority instead of strengthening it which is contrary to the letter and spirit of the RTI Act. Petitioner is also burdened with costs of litigation quantified at 10,000/- ' Decision:

6. The respondent is directed to be present personally in the Commission's Office in Delhi along with compliance report before the Commission on the next date.

7. Deputy Registrar is directed to fix a date for compliance hearing after 30 days of this order.

8. The respondent is directed to show cause for contravening the provisions of the RTI Act including not attending the hearing, within 30 days from the date of receipt of this order.

9. The appellant is admonished for filing numerous vexatious applications, possibly to settle his personal score with the employee concerned.

The appeals are disposed of. Copy of the order be given to the parties free of cost.

Sd/-

(Radha Krishna Mathur) Chief Information Commissioner Authenticated true copy Sd/-

(S.C. Sharma) Dy. Registrar Adjunct Order dated 06.04.2018 Facts:

1. The instant matter was earlier heard on 08.02.2018. The matter is listed today for further hearing in the matter.

Hearing:

2. The appellant was personally present in the hearing. The respondent, Sh.

S.K. Srivastava, CPIO and Sh. V.K. Gupta, GM (Vig.) were personally present in the hearing.

3. The respondent had placed on record their written submission dated 03.04.2018.

4. The appellant stated that the respondent has not complied with the Commission's order dated 03.08.2017.

5. The respondent stated that the orders of this Commission have been complied with and information has been furnished to the appellant. The respondent stated that with regard to the non-appearance on last date of hearing, he stated that they were duly present at their own NPCIL's centre as on earlier occasions the VC was facilitated to them at their NPCIL's centre. But on that date, the VC was not connected due to some communication gap. He stated that same was also informed to the Commission thereafter. The respondent tendered his apology for the same.

6. The appellant stated that total amount of TA bills has not been given to him as mentioned by the Commission in its order dated 03.08.2017 in para no. 9 (ii).

Discussion/observation:

7. From the perusal of the records, the Commission observed that the respondent has not provided to the appellant the total amount of T.A. bills paid to Sh. V.K. Gupta from 01.12.2014 to 12.02.2016.

Decision:

8. The respondent is directed to provide to the appellant the total amount of T.A. bills paid to Sh. V.K. Gupta from 01.12.2014 to 12.02.2016, within 15 days from the date of receipt of this order.

9. Show-cause is dropped.

The appeal is disposed of. Copy of the order be given to the parties free of cost.

(Radha Krishna Mathur) Chief Information Commissioner Authenticated true copy (S.C. Sharma) Dy. Registrar 4