Central Information Commission
Boopalan vs Dr. Ambedkar Foundation on 4 October, 2021
Author: Saroj Punhani
Bench: Saroj Punhani
के ीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमाग , मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
File No : CIC/DRAMF/C/2020/667353
Boopalan ....िशकायतकता /Complainant
VERSUS
बनाम
CPIO,
Dr. Ambedkar Foundation, RTI
Cell, Jeevan Prakash Building,
K.G. Marg, New Delhi-110001. ... ितवादीगण /Respondent
Date of Hearing : 30/09/2021
Date of Decision : 30/09/2021
INFORMATION COMMISSIONER : Saroj Punhani
Relevant facts emerging from complaint:
RTI application filed on : 31/12/2019
CPIO replied on : Not on record
First appeal filed on : 30/01/2020
First Appellate Authority order : Not on record
2nd Appeal/Complaint dated : 19/09/2020
Information sought:
The Complainant filed an online RTI application dated 31.12.2019 seeking the following information;
"I applied for incentive under Dr. Ambedkar Scheme for Social Integration through Inter - Caste Marriages with file no - 45688/2019/Aadhi - L8 at DADWO, MADURAI, TAMIL NADU. This file with all required documents 1 recommended and forwarded by DC with RT758972352IN to Director, DAF, NEW DELHI. Kindly confirm it is approved or not by Foundation. If not give detailed reasons."
Having not received any response from the CPIO, the complainant filed a First Appeal dated 30.01.2020. FAA's order, if any, is not available on record.
Feeling aggrieved and dissatisfied with the non-receipt of information, complainant approached the Commission with the instant Complaint.
Relevant Facts emerging during Hearing:
The following were present:-
Complainant: Not present. (Remained unavailable for audio-conference despite receipt of hearing notice).
Respondent: Nandu Shaw, Senior A.O. & CPIO present through audio-conference.
The CPIO submitted his unconditional regret for not having provided a timely reply to the RTI Application and submitted that the reasons for the omission with respect to the instant online RTI Application is the same as has been submitted in certain earlier cases before this bench which was the non-availability of NIC enabled on-line link from the Ministry as well as the repeated shifting of the office premises. He further submitted that in pursuance of the strictures issued by the Commission vide earlier orders of March, 2021, due efforts have been made to clear the pendency of all the online RTI Applications.
Lastly, he apprised the Commission that the incentive amount of the Complainant has already been settled now as discussed in letter dated 27.09.2021.
Decision:
The Commission takes grave exception to the obstruction of the Complainant's right to information caused by the Respondent office in the instant case and recalls the earlier orders vide File No.CIC/MOSJE/C/2019/642297, File No. CIC/DRAMF/A/2019/642234 and File No.: CIC/DRAMF/A/2020/665784 wherein the following was observed and held:2
"The Commission takes grave exception to the fact that no reply was provided to the RTI Application within the stipulated time frame of the RTI Act by Respondent No.2, nonetheless, based on the strength of the material on record, the reasons tendered by the CPIO for their omission appears to be without malafides.
However, it is irksome to note that shifting of office premises is being cited as a reason for the failure of Respondent No.1 to respond to an online RTI Application. Even further, admittedly, to this date Respondent No.2 has not accessed the NIC enabled online link from the Ministry which raises a reasonable doubt regarding the scores of RTI Applications that may be lying pending with the Ambedkar Foundation as similar submissions have been tendered by the CPIO in some of the earlier cases heard by this bench. The repeated plea of Ambedkar Foundation regarding the shifting of office premises and non-availability of NIC enabled link from the Ministry suggests an alarming state of affairs in the office of Respondent No.2 with respect to the manner of dealing with statutory provisions of the RTI Act.
Having observed as above, a copy of this order is marked to the Secretary, Ministry of Social Justice to instantaneously look into the prima-facie decadent state of affairs of the Ambedkar Foundation office with respect to the implementation of the RTI Act. In doing so, the Secretary shall ensure inter alia that the online enabled link of the RTI portal is made available to the Foundation 4 without any further delay and a stock of all pending RTI Applications is taken immediately thereafter. A status report of the action taken by the Secretary, Ministry of Social Justice should be filed with the Commission in due course of time."
Through the instant case, the Commission is reiterating the aforesaid adverse remarks and advisory to the Secretary, Ministry of Social Justice to expedite the necessary corrective action.
The Complaint is disposed of accordingly.
Saroj Punhani (सरोजपुनहािन) Information Commissioner (सू सूचनाआयु ) 3 Authenticated true copy (अिभ मािणतस"यािपत ित) (C.A. Joseph) Dy. Registrar 011-26179548/ [email protected] सी. ए. जोसेफ,उप-पंजीयक दनांक / Date Copy to:
Secretary, Ministry of Social Justice Shashtri Bhawan-A Wing, Rajendra Prasad Road, New Delhi 110001
--(For ensuring compliance of directions as above) 4