Central Information Commission
Mrarchana Sharma vs Geological Survey Of India on 1 July, 2016
CENTRAL INFORMATION COMMISSION
August Kranti Bhawan, Bhikaji Cama Place,
New Delhi-110066
F. No.CIC/YA/A/2015/900948
CIC/YA/A/2016/000059
CIC/YA/A/2016/000060
CIC/YA/A/2016/000281
CIC/YA/A/2016/000282
CIC/YA/A/2016/000299
Date of Hearing : 01.06.2016
Date of Decision : 01.07.2016
Appellant/Complainant : Ms. Archana Sharma
Jaipur
Through
Shri Sanjeev Singh, Auth. Representative
Respondent : Geological Survey of India
Jaipur
Through:
Shri Asif Ansari, CPIO
Shri PraveenPrabhat
Shri Dushyant Garg
Shri Subrato Banerjee
Information Commissioner : Shri Yashovardhan Azad
Since both the parties are same in the above mentioned appeals, these
appeals are clubbed together for hearing and disposal to avoid
multiplicity of the proceedings.
Case No. RTI filed no. CPIO reply First appeal FAA order 2nd appeal
filed filed on
0948 16.10.2014 11.11.2014 01.12.2014 17.12.2014 16.03.2015
0059 09.04.2015 No reply Date not 01.09.2015 01.01.2016
mentioned
0060 03.06.2015 04.06.2015 21.07.2015 01.09.2015 01.01.2016
0281 11.05.2015 29.05.2015 17.06.2015 01.09.2015 01.01.2016
0282 03.06.2015 No reply Date not No order 01.01.2016
mentioned passed
0299 03.06.2015 No reply 17.06.2015 01.09.2015 01.01.2016
Factual Background:
At the outset, the parties were directed by the Commission to give their
respective versions of factual matrix whereupon the present appeals are
predicated.
It is averred by the authorized representative/husband of the appellant that
his wife was subjected to harassment at workplace by her superior officers.
He states that at the time of occurrence of alleged incident, he alongwith wife
(appellant) were working in the same office as Sr. Geologists. It is further
averred that a complaint of harassment under The Sexual Harassment of
Women at Workplace (Prevention, Prohibition and Redressal) Act, 2003 was
accepted by the respondents after much persuasion, since the complaint was
addressed against the then Dy. Director General /FAA and the Suptdg.
Geologist. It is alleged that the documentary evidence against the accused
persons was deliberately made to disappear. It is further averred that the
internal fact finding committee did not act for despite after elapse of 90 days
whereas as per statutory norms, the enquiry ought to have been concluded
within 90 days of making complaint. The appellant is further aggrieved by the
fact that the fact finding committee instituted at Hq. level conducted a single
hearing after 6 months of the incident. It is averred that the accused persons
managed to get a clean chit since the successive enquiries were held in
derogation of the prescribed rules. It is alleged by the appellant that she
alongwith her husband had to incur the wrath of the senior officers of the
department for lodging the complaint of harassment under reference
inasmuch as she was transferred to a remote location in Arunachal Pradesh
from Jaipur as a penalty measure constraining her to live with her cancer
survivor child. In this factual backdrop, the appellant states to have sought
multifaceted information through the present RTI applications to secure
justice which was allegedly denied.
On the other hand, the respondent state that two different committees
undertook successive enquires to probe the complaint made by the appellant.
Shri Praveen Prabhat states that the enquires were held at Zonal as well as
headquarters level but no incriminating evidence was found against the
accused officers rather the complaint was found to be false and baseless. The
CPIO states that all material information was furnished to the appellant in
reply to the respective RTI applications.
CIC/YA/A/2015/900948
Information soughtand background of the case:
Vide RTI application dated 16.10.2014, the appellant sought Xerox copies of the notings including all the preceding and succeeding notings contained in the note sheet of particular file titled as 'Rec. Vol. 148 pt(7): Ext. Abs. of the progress reports of FS 2013-14.' Vide reply dated 11.11.2014; the CPIO furnished information sought to the appellant. The appellant preferred first appeal on the ground that the information furnished was incomplete. In the course of the first appellate hearing, it was revealed that the file in question had gone missing and consequently, the file was reconstructed. Accordingly, the appellant approached the Commission.
Relevant facts emerging during hearing:
Both parties are present and heard. The appellant alleges that a gender based derogatory remark was made in the file note by the then Suptdg. Geologist against the appellant on the file under reference. It is the grievance of the appellant that the file under reference went missing mysteriously after record of the aforesaid 'derogatory note' was sought through the present RTI. He states that the aforesaid note was crucial evidence which could have substantiated the complaint of sexual harassment made by the appellant. It is averred by the appellant that the aforesaid portion of the file note was not furnished. Per contra, the CPIO states that the file under reference went missing and an office order to that affect was circulated promptly so as to trace the missing file. He says that the file went missing from the HoD office and since it could not be traced, a replica was made from the guard file.
Decision:
Every public authority is enjoined with a statutory duty to ensure that it maintains duly catalogued records. A robust record management mechanism is a precondition for effective administration of the RTI Act, 2005. The cumulative essence of the RTI Act, 2005 and Public Records Act, 1993 mandates every public authority to maintain exhaustive records as per the statutory time frame and in any event of loss thereof, take immediate steps for reconstruction of record & fixation of responsibility for the loss. Public records act as 'footprints' of the journey of governmental & administrative acts and any disappearance of the footprints would render the journey directionless. Therefore, it is imperative that public records must be scrupulously preserved having due regard to their corresponding importance.
Having regard to facts of the present appeal, the public authority is directed to initiate an enquiry rendering comprehensive findings on the following issues:
(a) Fixation of responsibility for the loss of public record;
(b) Steps undertaken for reconstruction of record.
The CPIO is directed to make best efforts to trace the file in question and furnish information to the appellant within 4 weeks of receipt this order. In lieu, the CPIO shall furnish a certificate of non availability of public record on oath alongwith reasons to the Commission with a copy to the appellant.
The appeal is disposed accordingly.
CIC/YA/A/2016/000281 Information sought and background of the case:
Vide RTI application dated 11.05.2015, the appellant sought copy of entire file wherein the purchase orders of Air Conditioners were dealt with as installed in the Library of Geological Survey of India, Western Region, Jaipur along with copy of stock register, installation report, Annual Maintenance Contract , Service Reports with other related information under 7 points. The CPIO replied on 29.05.2015 intimating that the concerned file could not be found, however, furnished the relevant entries from purchase ledger. The FAA directed the CPIO to furnish complete information. Feeling aggrieved over the non compliance of FAO, the appellant approached the Commission. Relevant facts emerging during hearing:
Both parties are present and heard. The appellant states that information was not furnished by the CPIO despite the directive of FAA. The CPIO states that the air conditioners under reference were purchased & installed in 2006. He states that the file relating to purchase order, AMC, installation report could not be traced despite best efforts. He states to have furnished excerpts regarding the purchase of air conditioners from the purchase ledger.
Decision:
After hearing the parties and perusal of record, the CPIO is directed to search the record afresh and furnish information as available on record to the appellant. In lieu, the CPIO shall certify non availability of records to the appellant. The order shall be complied within 4 weeks of receipt.
The appeal is disposed of accordingly.
CIC/YA/A/2016/000059 Information sought and background of the case:
Vide RTI application dated 09.04.2015, the appellant multifaceted information interalia seeking all attendant documents finding mention in a note sheet annexed to the RTI application. Copy of records of biometric attendance system (01.09.2014 - 01.12.2014) and video footage (0900 hrs - 1100 hrs) of all the CCTV cameras operating in at the office of GSI Jaipur for the period of 01.09.2014 to 01.12.2014 were also sought. The CPIO replied on 05.05.2015. The appellant preferred first appeal whereupon the FAA directed the CPIO to furnish complete information on unanswered queries. Relevant facts emerging during hearing:
Both the parties are present and heard. The appellant states that information in part was furnished but data relating to Biometric Attendance and CCTV footage was not disclosed. The appellant contends that denial of the aforesaid electronic records diluted the corroborative evidence which would have otherwise strengthened her case. Per contra, the CPIO states that both Biometric Attendance systems as well as the CCTV cameras were not in working order at the relevant time. He states to have intimated this factual position to the appellant while replying to the RTI application. As regards other queries relating to the file under reference, the CPIO states that the relevant record could not be traced.
Decision:
After hearing the parties and perusal of the record, the Commission directs to trace & furnish information to the appellant w.r.t. points 5 & 6 of the RTI application. In lieu, the CPIO shall certify that the records referred to in the appended notesheet alongwith the RTI application are not traceable. The certification shall be addressed to the Commission with a copy to the appellant within 2 weeks of receipt of this order.
Though the material information has been furnished as regards points 7 & 8 ; the Commission expresses concern over the state of affairs of security & monitoring equipments thereby reflecting poor state of administration at the relevant time. In the present age where Biometric attendance and electronic surveillance systems have become absolute necessities for effective administration in an organization, the revelation made through the present RTI application depicts a rather unsavoury scene. Respondent public authority must introspect in this regard.
The registry is directed to mark a copy of the present order to the Director General of Geographical Survey of India for information & necessary action in the matter.
CIC/YA/A/2016/000060 Information sought and background of the case:
Vide RTI application dated 03.06.2015, the appellant sought copies of all monthly diaries counter signed by her along with copies of various correspondences made and received by her besides other multifaceted information under 13 points. The CPIO replied on 04.06.2015 furnishing information in part. The first appellate authority directed the CPIO to furnish the remaining information regarding the Monthly diaries and QM sheet. However, the FAA called upon the appellant to mention the exact detail of the correspondences sought. Feeling aggrieved the appellant approached the Commission.
Relevant facts emerging during hearing:
Both parties are present and heard. The appellant states that she is aggrieved inasmuch as information regarding correspondences exchanged between her and the Deputy Director General, GSI, Jaipur were not furnished. Further, information furnished on points 10 to 13 is stated to be incomplete. Per contra, the CPIO states that information on all the points including 10 to 13 was furnished to the appellant. He, however, to cut short any further controversy undertakes to furnish complete information to the appellant. Upon a query from the Commission, as to approximate number of correspondence exchanged between the appellant and Dy. DG, GSI, Jaipur April 2014 onwards, the CPIO states it to be quite less in number.
Decision:
After hearing the parties and perusal of record, the Commission records assurance made by the CPIO. The CPIO is directed to furnish complete information on points 5, 10 to 13 within in 2 weeks of receipt of this order. Information on the rest of the points has been already furnished.
The appeal is allowed accordingly.
Note: Since queries and nature of information sought is similar in the following appeals, they are being dealt with by a common order.
CIC/YA/A/2016/000282 Information sought and background of the case:
Vide RTI application dated 03.06.2015, the appellant sought copy of documents procured by the Internal Complaints Committee (ICC), GSI, Hq, Kolkata from ICC, GSI, Western Region, Jaipur along with all correspondences between the appellant and the ICC, GSI, Hq, Kolkata with other related information. The CPIO did not reply. The first appeal remained unheard. Feeling aggrieved, the appellant preferred the present second appeal.
CIC/YA/A/2016/000299 Information sought and background of the case:
Vide RTI application dated 03.06.2015, the appellant sought copy of all orders regarding the constitution of the Internal Complaints Committee, GSI, WR, Jaipur along with the copy of documents submitted by the appellant, signed statement of all of the Accused Officers with other related information under 21 points. The CPIO denied information relying on Section 16 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. The FAA upheld the decision of CPIO.
Relevant facts emerging during hearing:
Both the parties are present and heard. The appellant introduces herself as victim/ complainant of harassment and states that the proceedings of Internal Complaints Committee were held in a partisan manner. To advance her contention the appellant draws the attention of the Commission towards the order passed by first appellate authority dated 17.12.2014 wherein the inquiry report was denied invoking section 16 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. The appellant further alleges that neither the aforesaid inquiry report nor any of supporting documents containing proceedings of Committee and statements of accused, victim, and witnesses were furnished to her. Per contra, the CPIO draws the attention of the Commission towards section 16, (supra).
Section 16 - Prohibition of publication or making known contents of complaint and inquiry proceedings:- Notwithstanding anything contained in the Right to Information Act, 2005(22 of 2005), the contents of the complaint made under section 9, the identity and addresses of the aggrieved woman, respondent and witnesses, any information relating to conciliation and inquiry proceedings, recommendations of the Internal Committee or the Local Committee, as the case may be, and the action taken by the employer or the District Officer under the provisions of this Act shall not be published, communicated or made known to the public, press and media in any manner.
Provided that information may be disseminated regarding the justice secured to any victim of sexual harassment under this Act without disclosing the name, address, identity or any other particulars calculated to lead to the identification of the aggrieved woman and witnesses.
In view of the foregoing provision, prevailing over the mandate of the RTI Act, the CPIO defends his decision as well as the impugned first appellate order.
Decision:
The limited question of law emanating from the present appeals may be formulated as follows:
Whether section 16 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 operates as an embargo over the right of a victim/complainant of Sexual Harassment to access information relating to inquiry proceedings, recommendations of internal committee/local committee, statements of complainant/respondent and witnesses ; under the Right to Information Act, 2005.
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 was enacted by the Parliament to prevent harassment of women at workplace besides prescribing panel provisions for the offenders. A reference may be made to the Preamble of the aforesaid enactment to gather intent of the legislature:
An Act to provide protection against sexual harassment of women at workplace and for the prevention and redressal of complaints of sexual harassment and for matters connected therewith or incidental thereto.
The intent of the legislature is loud & manifest. It is a settled principle of interpretation of statutes that the provisions of any enactment are to be interpreted in a manner which furthers the cause or purpose behind its enactment. Section 16 is enacted as a safeguard measure to check further aggravation of traumatic & stigmatic experience of a victim of sexual harassment against by unwarranted disclosure of her identity.
Natural justice requires that all parties having proximate nexus with any judicial or quasi judicial proceeding or its outcome to be kept abreast. The expression 'shall not be published, communicated or made known to the public, press and media in any manner' as employed in Section 16 of the Prevention of Sexual Harassment Act, 2013 operates against disclosures made to three categories only. They are public, press & media. The expression cannot be stretched to assign altogether different meaning so as to include the 'complainant' within the prohibited degree of classes, to deny information relating to proceedings under the Act. If the aforesaid contention of the CPIO & FAA is accepted, the aforesaid provision would compound the harassment of the victim rather than mitigate it.
Though, the information relating to the proceedings & findings of Internal Complaints Committee while dealing with any incidence of sexual harassment, must be voluntarily made available to the victim; however, if the same is not done, I do not find Section 16 of Prevention of Sexual Harassment Act, 2013 to be eclipsing the right of a complainant-victim of sexual harassment to access the same under RTI Act, 2005. Section 16 (ibid) merely eclipses the right to know of the public at large, press and media only. Thus, the legal proposition remains that, a complainant-victim of an incident of sexual harassment as per the Prevention of Sexual Harassment Act can access information through the RTI Act,2005.
Accordingly, the impugned FAO is set aside & the respondent is directed to furnish information as sought in all the aforesaid appeals. The respondent public authority shall invariably furnish the findings, record of proceedings, and recorded statements of complainant, accused & witnesses, if any to the appellant within 3 weeks of receipt of this order.
The appeals are allowed accordingly.
(Yashovardhan Azad) Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges prescribed under the Act to the CPIO of this Commission.
(R.P.Grover) Designated Officer Copy to:-
Central Public Information Officer under RTI First Appellate Authority under RTI Director-AP & M & CPIO / WR, Addl. Director General & HoD / WR, Geological Survey of India, Geological Survey of India, Palaeontology Division, West. Region, JPR, RTI Cell, C-216, Western Region, Jaipur, 15-16, Jhalana Dungari, 15-16, Jhalana Dungari, Jaipur-302004 (Rajasthan). Jaipur-302004 (Rajasthan).
Central Public Information Officer under RTI Mrs. Archana Sharma Director - M & C Division / WR, 110, Shiv Nagar-II, Geological Survey of India, Ram Nagariya, M & C Division, West. Region, JPR, Jagatpura, 15-16, Jhalana Dungari, Jaipur-302017 (Rajasthan). Jaipur-302004 (Rajasthan).