Central Information Commission
Srikumar Sridharan vs Indian Coast Guard on 22 June, 2021
Author: Vanaja N Sarna
Bench: Vanaja N Sarna
क य सुचना आयोग
CENTRAL INFORMATION COMMISSION
बाबा गंगनाथ माग
Baba Gangnath Marg
मुिनरका, नई द ली- 110067
Munirka, New Delhi-110067
File no.: CIC/INDCG/A/2019/651352
In the matter of:
Srikumar Sridharan
... Appellant
VS
Central Public Information Officer
Tatrakshak Mukhyalaya,
Coast Guard Headquarters
National Stadium Complex, New Delhi - 110001
...Respondent
RTI application filed on : 22/07/2019 CPIO replied on : 21/08/2019 First appeal filed on : 21/08/2019
First Appellate Authority order : 17/09/2019 Second Appeal dated : 18/09/2019 Date of Hearing : 21/06/2021 Date of Decision : 21/06/2021 The following were present:
Appellant: Heard over phone Respondent: DIG D S Saini, CPIO, heard over phone Information Sought:
The appellant has sought the following information with regard to his request for grant of NFFU sent vide letter and email dated 12 Jul 19:
1. Provide the date of receipt of above stated letter / e-mail.
2. Provide details of action taken on his request.
Grounds for Second Appeal The CPIO has provided incorrect and misleading information.
Submissions made by Appellant and Respondent during Hearing:
The appellant submitted that he is not satisfied with the reply of the CPIO as incorrect information was provided to him.1
The CPIO reiterated the contents of his reply dated 21.08.2019 and the FAA's order dated 17.09.2021.
Observations:
From a perusal of the relevant case records, it is noted that the appellant is aggrieved with the reply of the CPIO on point no. 1 as stated by him that it is not possible that an email will take 03 days to reach its sender and it is common knowledge that they are received immediately with a delay of about only a few seconds. The FAA while clarifying this issue had stated that emails received on official IDs namely [email protected] and cgvs- [email protected] are being downloaded daily once at 09.30 hrs in the normal course. Since the mail sent on 12 Jul 19 to these IDs were received in the inboxes at 12.29 hrs on the same day, it was downloaded at the earliest on 15 Jul 19 (Monday) in view of the fact that 13 Jul 2019 & 14 Jul 2019 being Saturday and Sunday were closed holidays. Subsequently, the email received on 15 Jul 19 was entered in the mail diary on the same day as per office procedure. For point no. 2, it was stated that the case is being analyzed at the headquarters. The Commission does not find any flaw in the order of the FAA as adequate clarification regarding the receipt of the email was given to the appellant on point no. 1 and for point no. 2 a suitable reply was given at the relevant time. However, since only an interim reply was given to the appellant at that time, an updated reply should be given informing him as to what final action was taken on his representation. The CPIO is therefore, directed to provide a revised reply to the appellant on point no. 2 and in case the desired information is not available with him, he may seek assistance u/s 5(4) of the RTI Act from the custodian of the information.
Decision:
In view of the above, the CPIO is directed to provide a revised reply to the appellant on point no. 2 as per the discussions held during the hearing within a period of 10 days from the date of issue of this order under intimation to the Commission.
The appeal is disposed of accordingly.
Vanaja N. Sarna (वनजा एन. सरना) Information Commissioner (सूचनाआयु ) 2 Authenticated true copy (अिभ मा णत स या पत ित) A.K. Assija (ऐ.के. असीजा) Dy. Registrar (उप-पंजीयक) 011-26182594 / दनांक/ Date 3