Central Information Commission
V N Mishra vs Damodar Valley Corporation on 16 April, 2019
के न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/DVCOR/A/2017/136903
V N Mishra ... अपीलकताग/Appellant
VERSUS
बनाम
1. CPIO, Damodar Valley ...प्रनतवािीगण /Respondents
Corporation, DVC Towers, VIP
Road, Kolkata.
2. CPIO, DVC, Chandrapura
Thermal Power Station,
Chandrapura, Bokaro.
ORDER
1. A Show Cause Notice was issued to the CPIO, Chandrapura Thermal Power Station, Chandrapura, Bokaro on 07.02.2019, in compliance of the Commission's order No. CIC/DVCOR/A/2017/136903 dated 21.08.2018, wherein the Commission has observed that no reply in response to the RTI application was given to the appellant within the stipulated time. The CPIO was directed to explain as to why Page 1 of 6 action under Section 20(1) of the RTI Act should not be initiated against him for not providing any reply to the appellant within the stipulated time.
Hearing:
2. The appellant Shri V.N. Mishra was present in person. The respondent Shri Tariq Syed, Deputy Director (HR) and CPIO, DVC, Chandrapura Thermal Power Station, Chandrapura, Bokaro attended the hearing through videoconferencing.
3. The appellant vide letter dated 05.03.2019 requested the Commission to permit him to attend the show cause hearing in the matter.
4. The respondent submitted that at the time of receiving the RTI application dated 27.02.2017 Shri Niraj Sinha was the CPIO, DVC, Chandrapura Thermal Power Station, Chandrapura, Bokaro. Hence, the then CPIO Shri Niraj Sinha (presently posted at DVC, Bokaro Thermal Power Station, Bokaro) was requested vide letter dated 25.02.2019 to attend the show cause hearing before the Commission to explain the reason for not providing any reply to the appellant within the stipulated time. The then CPIO Shri Niraj Sinha did not attend the hearing. The respondent stated that he would not be able to explain as to why Shri Niraj Sinha has not attended the hearing.
Interim Decision:
5. The Commission accedes to the request of the appellant and permits him to attend the show cause hearing in the matter. The Commission further notes that neither did the then CPIO, Shri Niraj Sinha attend the hearing, nor did he furnish his Page 2 of 6 written explanation in response to the Show Cause Notice dated 07.02.2019. The Commission takes a serious note of the absence of the then CPIO Shri Niraj Sinha as well as non-furnishing of his written explanation to the show cause notice. However, in the interest of justice, one last opportunity is given to Shri Niraj Sinha, the then CPIO, DVC, Bokaro Thermal Power Station, Bokaro for explaining as to why action under Section 20(1) of the RTI Act should not be initiated against him. The matter would next be taken up for hearing on 11.04.2019 at 01.20 PM.
6. Shri Tariq Syed, Deputy Director (HR) and CPIO, DVC, Chandrapura Thermal Power Station, Chandrapura, Bokaro shall ensure that a copy of this order is served upon Shri Niraj Sinha, the then CPIO, DVC, Bokaro Thermal Power Station, Bokaro.
Hearing on 11.04.2019:
7. The respondent Shri Niraj Sinha, the then CPIO, Addl. Director (HR), DVC, CTPS (presently posted at DVC, BTPS) and Shri Tariq Syed, CPIO/Dy. Director (HR), DVC, CTPS, attended the hearing through video-conferencing.
8. The respondent submitted that he had vide note dated 12.09.2018 to the Commission informed that the appellant's RTI application dated 27.02.2017 was received on 04.03.2017 by the office of the CPIO, DVC, CTPS. Accordingly, on 04.03.2017, a note sheet was processed by him seeking assistance of the deemed PIO, Shri Subodh Mishra, Addl. Director (HR), DVC, CTPS, to furnish the requisite information in order to provide it to the appellant. He, however, admitted that the reply could not be furnished within the stipulated time by the deemed PIO who had Page 3 of 6 further sought the advice of Sr. Addl. Director (HR), DVC, CTPS on 29.03.2017 as the subject matter of the RTI application regarding the complaint on tampering of Attendance Register of the School was under investigation. Hence, the deemed PIO delayed in providing the requisite information to him. The respondent tendered his unconditional apology for this lapse and requested the Commission to condone the same. The respondent further stated that the appellant has been provided the information as per the provisions of the RTI Act vide letter dated 16.08.2018 and once again, on 12.09.2018.
Interim Decision:
9. The Commission, after hearing the submissions of the respondent and perusing the records, observes that as per the respondent, he had sought assistance of the deemed PIO, Shri Subodh Mishra, Addl. Director (HR), DVC, CTPS, to furnish the requisite information in order to provide it to the appellant. However, the deemed PIO did not provide the information within the stipulated time to the then CPIO, Shri Niraj Sinha, Addl. Director (HR), DVC, CTPS (presently posted at DVC, BTPS). Hence, the CPIO could not respond to the appellant's RTI application within the stipulated time.
10. In view of the above said, the Commission directs the Registry of this Bench to issue a Show Cause Notice to the deemed PIO, Shri Subodh Mishra, Addl.
Director (HR), DVC, CTPS for explaining as to why action under Section 20(1) of the RTI Act should not be initiated against him for not forwarding the information to the CPIO, DVC, CTPS within a reasonable time. The respondent Shri Niraj Sinha, Page 4 of 6 the then CPIO, Addl. Director (HR), DVC, CTPS (presently posted at DVC, BTPS) shall ensure that a copy of this order is served upon Shri Subodh Mishra, Addl. Director (HR), DVC, CTPS.
11. The then CPIO, Shri Niraj Sinha, Addl. Director (HR), DVC, CTPS (presently posted at DVC, BTPS) and the deemed PIO, Shri Subodh Mishra, Addl. Director (HR), DVC, CTPS are hereby directed to submit an explanation both by post and by uploading to http://dsscic.nic.in/online-link-paper-compliance/add before the Commission, on or before 06.05.2019, explaining why action under Section 20(1) of the RTI Act should not be initiated against them.
12. The matter is adjourned to 14.05.2019 at 01.40 PM.
13. Copy of the interim decision be provided free of cost to the parties.
Sd/-
Sudhir Bhargava (सुधीर भागगव) Chief Information Commissioner (मुख्य सूचना आयुक्त) दिनांक / Date 12.04.2019 Authenticated true copy (अनभप्रमानणत सत्यानपत प्रनत) S. S. Rohilla (एस. एस. रोनिल्ला) Dy. Registrar (उप-पंजीयक) 011-26186535 / [email protected] Page 5 of 6 Addresses of the parties:
1. The First Appellate Authority (FAA) Damodar Valley Corporation, DVC Towers, VIP Road, Kolkata - 700054.
2. The Central Public Information Officer (CPIO), Damodar Valley Corporation, DVC Towers, VIP Road, Kolkata - 700054.
3. The Central Public Information Officer (CPIO), Damodar Valley Corporation, Chandrapura Thermal Power Station, Post Chandrapura, Bokaro, Jharkhand.
4. Shri V N Mishra Page 6 of 6