Central Information Commission
P S Pal vs Ministry Of Statistics & Programme ... on 14 September, 2020
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/MOSPI/A/2019/100954
In the matter of:
P S Pal
... Appellant
VS
CPIO(SSS) / Under Secretary,
Ministry of Statistics & Programme Implementation,
Sardar Patel Bhawan, Sansad Marg, New Delhi 110001
...Respondent
RTI application filed on : 28/06/2018 CPIO replied on : 26/07/2018 First appeal filed on : 17/08/2018 First Appellate Authority order : 07/09/2018 Second Appeal dated : 14/11/2018 Date of Hearing : 10/09/2020 Date of Decision : 10/09/2020 The following were present: Appellant: Present over VC
Respondent: Shri Amresh Bahadur Pal, Deputy Director and CPIO; Shri Subhash Dwivedi, Senior Statistician Information Sought:
The Appellant has sought the following information:
1) Copy of file noting of the Review Departmental Promotion Committee (RDPC) held for promotion of Junior Statistical Officer (Non-Gazetted) to Senior Statistical Officer (Gazetted) of Subordinate Statistical Service (SSS) vide which the back date promotion was declared on 11.06.2018.
2) Copy of the Minutes of meeting of the Review Departmental Promotion Committee (RDPC) of promotion of Junior Statistical Officer (Non-Gazetted) to 1 Senior Statistical Officer (Gazetted) of Subordinate Statistical Service (SSS) vide which the back date promotion was declared on 11.06.2018.
3) Provide the detail of action taken on preliminary inquiry done on complaint No. MOSPI/E/2016/00045 dated 21/05/2016 regarding complaint against such employees of MOSPI belonging to the Halba Koshti / Koshti caste who got appointment against vacancies reserved for the Scheduled Tribes.
Grounds for Second Appeal Due to non-activation of the link for payment of additional fees, the appellant could not pay the additional charges and CPIO has not provided the desired information.
Submissions made by Appellant and Respondent during Hearing:
The appellant raised the issue of non availability of online payment link for payment of further fees in the online RTI portal. The CPIO reiterated the reply provided by them earlier and mentioned that there was no denial of information. He further submitted that in the spirit of the RTI Act, the information was sent free of cost to the applicant after the second appeal hearing notice was received.
Observations:
Based on a perusal of the record, it was noted that the CPIO vide letter dated 26.07.2018 informed the applicant that the information sought in total consists of 97 pages and hence an amount of Rs 194 was claimed from him. The CPIO had specified the mode of payment viz. Demand draft/IPO. The appellant contested the reply in the first appeal stating that the break up of pages was shown as 45 & 41 pages (Total 86 pages) but the CPIO mentioned it as 97 pages which is erroneous. He further pressed for activation of link for online payment of charges and corrected amount to be mentioned.The FAA in his order further clarified that the applicant was given the option to pay in cash also by the CPIO vide letter dated 05.09.2018.
Decision:
The appellant bizarrely has raised the issue of non availability of online payment link in the RTI portal for additional feepayment and chose to contribute to the delay that had already occured due to non furnishing of the documents. The Commission took note of the fact and is of the opinion that 2 DoPT should evolve a mechanism for payment of additional fees also through the RTI portal to facilitate delivery of information within the stipulated time period. The delay cannot be attributed only to the CPIO because the appellant was given ample opportunity and mechanisms for payment of fees. Hence, no action lies.
A copy of this order is marked to Secretary, DoPT for appropriate action.
The appeal is disposed of accordingly.
Vanaja N. Sarna(वनजा एन. सरना) Information Commissioner (सूचनाआयु ) Authenticated true copy (अिभ मा णतस या पत ित) A.K. Assija (ऐ.के. असीजा) Dy. Registrar (उप-पंजीयक) 011-26182594 / दनांक/ Date Copy to:
The Secretary Deptt of Personnel & Training (DoPT) North Block New Delhi - 110 001.3