Central Information Commission
Netrapal Singh vs Indian Army on 10 November, 2021
Author: Vanaja N Sarna
Bench: Vanaja N Sarna
क य सुचना आयोग
CENTRAL INFORMATION COMMISSION
बाबा गंगनाथ माग
Baba Gangnath Marg
मुिनरका, नई द ली - 110067
Munirka, New Delhi-110067
File No.:- CIC/IARMY/A/2020/133569-Interim
In the matter of:
Netrapal Singh
... Appellant
VS
Central Public Information Officer
O/o Cantonment Board Ambala
229, Race Course Road, Ambala Cantt- 133 001
...Respondent
RTI application filed on : 04/06/2020 CPIO replied on : Not on Record First appeal filed on : 28/07/2020 First Appellate Authority order : Not on Record Second Appeal filed on : 26/10/2020 Date of Hearing : 10/11/2021 Date of Decision : 10/11/2021 The following were present: Appellant: Present over phone
Respondent: Harkesh Kumar, Accountant and CPIO, present over phone Information Sought:
The appellant has sought the following information:
1. Copy of the driving licence submitted by Driver Ajay in the department, at the time of his promotion from the post of Safai Karmy to Driver.
2. On which date Ajay was appointed in the department and when he was promoted. Provide a copy of his promotion order.
3. How many EL, CL and Medical leave have been availed by Ajay during the period from 01/2016 to 28/05/2020?
4. Date from which House Rent Allowance has been paid to Mr. Ajay. Also provide residential address given by him.1
Grounds for Second Appeal:
The CPIO did not provide the desired information. Submissions made by Appellant and Respondent during Hearing:
The appellant submitted that he has not received any reply till date. He requested the Commission to impose penalty on the CPIO.
The CPIO could not explain whether any reply was given or not.
Observations:
Based on a perusal of the record, it was noted that the CPIO had clearly violated the provisions of the RTI Act by not providing any reply. As far as relief sought is concerned, the same cannot be granted as information sought on all the points is exempted u/s 8(1)(j) of the RTI Act. However, this kind of reply should have been given in time to the appellant.
Interim Decision:
The CPIO's conduct in not providing a reply to the RTI Application amounts to gross violation of the provisions of the RTI Act. In view of this, the Commission directs the CPIO to appear before the bench on 26.11.2021 at 02.30 pm to show cause as to why action should not be initiated against him under Section 20(1) and (2) of the RTI Act. The CPIO is also directed to send a copy of all supporting documents which he chooses to rely upon during the hearing. The said documents be sent to the Commission at least two days prior to the hearing via linkpaper. If any other persons are responsible for the said omission, the CPIO shall serve a copy of this order on such persons to direct their presence before the bench as well.
The appeal is adjourned accordingly.
Vanaja N. Sarna (वनजा एन. सरना) Information Commissioner (सूचना आयु ) 2 Authenticated true copy (अिभ मा णत स या पत ित) A.K. Assija (ऐ.के. असीजा) Dy. Registrar (उप-पंजीयक) 011- 26182594 / दनांक / Date 3