Central Information Commission
Mr.Bharat Bhushan vs Ministry Of External Affairs on 14 November, 2011
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2011/002373/15653
Appeal No. CIC/SG/A/2011/002373
Relevant facts emerging from the Appeal:
Appellant : Mr. Bharat Bhushan,
14/32 B, Tilak Nagar,
New Delhi
.
Respondent : Mr. Manish Chauhan
Public Information Officer & Director (RTI) Ministry of External Affairs, O/o The Director (RTI) 619, Akbar Bhawan, Chankya Puri, New Delhi.
RTI application filed on : 08/03/2011 PIO replied on 07/04/2011 First Appeal filed on : 20/04/2011 First Appellate Authority order of : 02/06/2011 Second Appeal received on : 29/08/2011 Information Sought:
1. Complaint against grant of OTA allowance to Shri S.K. Verma, the then LDC in fraudulent manner on 23/06/2009 addressed to Pr. CCA.
2. Complaint by Smt. Neelam Chhabra in r/o harassment to her husband addressed to Pr. CCA on 21/07/2009.
3. Complaint against allow employees to mark attendance without attending office on 27/10/2009 addressed to COA.
4. (a) complaint against grant of OTA allowance to Shri S.K. Verma, then LDC more than two times for the same work.
(b) OTA drawn by S.K.Verma then LDC on late attendance.
(c) Non apply of leave by Shri S.K. Verma.
(d) OTA drawn for Shri S.K. Verms without approval of competent authority w.e.f 01/04/2003 to 31/03/2005.
5. Concealed facts by Admn. Section while forwarding the name of Shri. S.K. Verma, Accountant for the purpose of promotion as Sr. Accountant.
6. Complaint by Shri. S.K. Verma against me if any.
7. Payment drawn in fraudulent manner while hiring of vehicle for the official purpose of Shri Thakur, Pr. CCA.
8. Any complaint made by AAO to Admn. Section against any employees working under their control.
9. Any complaint received in CD Section for misuse of vehicle by family members of officer.
The PIO Reply
1. Please refer to your RTI application dated March 8, 2011 seeking information on your complaint dated 26/10/2009 addressed to the Controller of Accounts regarding payment of OTA allowance, attendance registers and related issues/
2. In this connection, it is pointed out that you have been seeking information from the Office of the Pr. CCA on similar matters since the commencement of the RTI Act in October 2005. During the inspections, you have been provided with copies of 829 pages of relevant records by the above office.
3. In this point the PIO had described the compliance with CIC decision no. CIC/AD/A/2010/001125.
4. As you are aware, the Office of the Pr. CCA is entrusted with the responsibility of handling accounts work relating to the entire Ministry as well as al the Indian Missions/ Posts abroad. Despite the heavy workload and limited resources at their disposal, they have made all efforts to provide relevant information and also to facilitate inspection of records, in response to your RTI application filed earlier.
5. In your current RTI application of March 8, 2011, you have sought information on payment of OTA, signing of attendance registers and such other issues. However efforts to be made by the Office of the Pr CCA to provide information in the above issues.
6. If you are aggrieved with this reply you may file an appeal to the FAA.
Grounds for the First Appeal:
Unsatisfactory reply was given by the PIO.. Order of the First Appellate Authority (FAA):
"I have carefully gone through the papers related to this appeal and I agree with the views expressed by CPIO vide his letter no. RTI/551/190/2011 dated April 07/, 2011."
Ground of the Second Appeal:
Unsatisfactory information had been given by the PIO. Relevant Facts emerging during Hearing:
The following were present Appellant: Mr. Bharat Bhushan;
Respondent: Mr. Manish Chauhan, Public Information Officer & Director (RTI);
The appellant wants to inspect the following records: 1- Weeding out registers from September 2002 onwards. 2- Records relating to collecting and depositing the keys of rooms from November 2010 onwards. 3- OTA File pertaining to CD Section from 2002 onwards. 4- File records relating to the appoint Group-A employees from 2006 onwards. 5- Acquittance Roll for the period April 2005, May 2005, October 2008 and March 2009. 6- Internal Audit report for the period 2002 to 2008. 7- File pertaining to complaint by Mr. S. C. Khurana against him.
8- Gate pass register file from 2002 onwards. 9- OTA register maintained by the Department from 2002 onwards. 10- Absentee statements for the period September 2008 to December 2008 of Compilation Section. 11- Allocation of duty to officer as a controlling officer; 12- Total complaints made by the Appellant and communications/correspondence relating to it.
The PIO is directed to facilitate an inspection of the records relevant to the above points by the Appellant on 29 November 2011 from 10.30AM onwards at the office of the PIO. In case there are any records or file which the appellant believes should exist, which are not shown to him, he will give this in writing to the PIO at the time of inspection and the PIO will either give the files/records or give it in writing that such files/records do not exist.
Decision:
The Appeal is allowed.
The PIO is directed to facilitate an inspection of the records relevant to the points listed above by the Appellant on 29 November 2011 from 10.30AM onwards. The PIO will give attested photocopies of records which the Appellant wants free of cost upto 200 pages. This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties. Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi Information Commissioner 14 November 2011 (In any correspondence on this decision, mention the complete decision number.)(ANP)