Central Information Commission
Rajeev Kumar vs Ministry Of Statistics & Programme ... on 25 August, 2021
Author: Vanaja N Sarna
Bench: Vanaja N Sarna
क य सच ु ना आयोग
CENTRAL INFORMATION COMMISSION
बाबा गंगनाथ माग
Baba Gangnath Marg
मु नरका, नई द ल - 110067
Munirka, New Delhi-110067
File no.: - CIC/MOSPI/A/2019/658738
In the matter of:
Rajeev Kumar
... Appellant
CPIO / Under Secretary,
Ministry of Statistics and Programme Implementation,
(MPLADS Division), Level-6, East Block - 6,
R.K. Puram, New Delhi - 110066
... Respondent
RTI application filed on : 27/08/2019 CPIO replied on : 25/09/2019 First appeal filed on : 04/10/2019
First Appellate Authority order : Not on record Second Appeal Filed on : 04/12/2019 Date of Hearing : 25/08/2021 Date of Decision : 25/08/2021 The following were present: Appellant: Present over phone
Respondent: Sudha Meena, Under Secretary and CPIO, present over phone Information Sought:
The appellant has sought the following information pertaining to MPLAD Scheme :
- Provide details of financial lay out and actual works done in the areas of SC and ST communities, under MPLADS, in the State of Bihar by the Lok Sabha and Rajya Sabha members for the FY 2014-15 to 2018-19. Grounds for Second appeal The CPIO did not provide the desired information.1
Submissions made by Appellant and Respondent during Hearing: The appellant pressed for information and stated that he had not received the recent reply also.
The CPIO reiterated the written submissions dated 11.08.2021 and agreed to resend the letter dated 11.08.2021 alongwith annexures to the appellant.
Observations:
Based on a perusal of the record, it was noted that the CPIO vide letter dated 25.09.2019 provided a detailed reply and informed the applicant that information sought is not specific. Further, due to non-specific information the Section is not in a position to provide any information. Further, the CPIO mentioned that information relating to the Parliamentarians is maintained in the form of Audit report, Utilisation certificate and Monthly progress report.
He was further requested to specify the name of the MPs whose information he wants so that the same can be located.
The CPIO vide written submissions dated 11.08.2021 submitted that the appellant filed first appeal and provided list of 40 Lok Sabha MPs and 15 Rajya Sabha MPs about whom he was seeking the information. He further submitted that the FAA had not disposed of the first appeal and has explained in detail the reason for such lapse.
The FAA submitted that he has not been in a position to reply to the first appeal by the applicant due to abundance of work and the priorities are set for him by his superiors depending on the needs of the Division being a part of the Division also, and shortage of staff in the Division because of non availability of adequate resources at his disposal. Broadly for the reason that FAA has been working without proper personal staff i.e PA/PS since 26.08.2019 i.e for last more than two years. Due to COVID-19 situation and restriction on attendance of staff made it still worse. In order to tide over the situation on representation of FAA regarding pendency of RTI appeals, office order dated 08.04.2021 was required to be issued by the Division stating that in order to dispose of the pending RTI appeals in MPLADS Division within the next three weeks, all SSOs/ASOs/JSOs will process the pending appeal cases in respect of their respective states to Shri R.K Bhoria, Director. The availability of manpower 2 resources is so grave that officials having prior experience of working in the division had to be roped in on attachment basis on different occasions. Copy of one such latest order dated 09.07.2021 in this regard was enclosed.
In the intervening period the FAA was also diagnosed as Corona +ve on 28.10.2020. Further due to complications arising out of COVID-19 FAA suffered brain stroke and underwent treatment at Max Saket, Delhi, copy of discharge summary from Max Hospital was attached with the submissions.
He further submitted that Ministry of Statistics & programme Implementation (MoSPI) administers a scheme namely, Members of Parliament Local Area Development Sceme (MPLADS). The scheme enables Hon'ble Members of Parliament (MPs) to recommend works of developmental nature with emphasis on the creation of durable community assets based on the locally felt needs to be taken up in their constituencies. Accordingly, MPLADS Division of Ministry of Statistics and Programme Implementation releases funds under the scheme in accordance with due process as laid down in MPLADS Guidelines. Since the MPLAD Scheme at the field level is implemented by the concerned State/UT Governments and the Members of Parliament send recommendations of works directly to their respective Nodal District Authorities. The individual MP-wise detailed status for each work and sector/area-wise funds spent by the nodal district authority is not centrally maintained by the Ministry. However, the information about release and utilisation of MPLADS fund (as reported by the concerned nodal district authorities of the MPs) are in public domain and available on the website :
www.mplads.gov.in (under heads : Fund Release statements, Ministry Expenditure Reports). The menu item "WMS Report" will generate reports for the works details as per the availability of data entered by District Authority. Also, a statement indicating status of expenditure (as reported by the concerned nodal district authority of the MPs on MPLADS portal) incurred by 16th Lok Sabha and Rajya Sabha MPs in SC and ST areas was submitted (Annexure II).
In view of the fact that the RTI applicant failed to respond to the CPIO who had sought additional information in order to supply the desired information, instead, he decided to file a first appeal and this makes the second appeal not maintainable under the RTI Act.3
The Commission observed that the CPIO is right in stating that the list should have been submitted to the CPIO. Further, the non disposal of first appeal kept the matter pending yet. However, as the Annexure II of the submissions shows the information given list wise, the appellant was asked whether he received the same or not, but as he denied receipt of the same during the hearing, the CPIO was asked to resend.
Decision:
In view of the above observations, the CPIO is directed to resend the reply dated 11.08.2021 alongwith annexures to the appellant within 7 days from the date of receipt of the order. Further, an advisory is issued u/s 25(5) of the RTI Act to the Secretary, MOSPI to take note of the issues faced by FAA in disposing first appeal and take effective steps for timely disposal of first appeals.
The appeal is disposed of accordingly.
Vanaja N. Sarna (वनजा एन. सरना)
Information Commissioner (सूचना आयु त)
Authenticated true copy
(अ भ मा णत स या पत त)
A.K. Assija (ऐ.के. असीजा)
Dy. Registrar (उप-पंजीयक)
011- 26182594 /
दनांक / Date
Copy to:
The Secretary
Ministry of Statistics and Programme Implementation, (MPLADS Division), Level-6, East Block - 6, R.K. Puram, New Delhi - 110066 4