Central Information Commission
R Aranganathan vs Ut Of Puducherry on 4 October, 2024
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
File No: CIC/UTPON/C/2023/127921
R Aranganathan ....निकायतकताग /Complainant
VERSUS
बनाम
PIO,
LOCAL ADMINISTRATION
DEPARTMENT, SECREATRIAT,
PUDUCHERRY - 605001 ....प्रनतवािीगण /Respondent
Date of Hearing : 27.09.2024
Date of Decision : 03.10.2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from complaint:
RTI application filed on : 06.02.2023
CPIO replied on : 10.02.2023
First appeal filed on : Not on record
First Appellate Authority's order : Not on record
2nd Appeal/Complaint dated : 17.06.2023
Information sought:
The Complainant filed an RTI application dated 06.02.2023 seeking the following information:
"The following information's are required under chapter ii, Act No.3 in r/w 6(1) of the Right to Information Act 2005 in connection with deputation and extension of deputation periods caused therein in respect of Thiru. D. ARUMUGAM, Assistant Director, Adi- dravidar Welfare and Scheduled Tribes Welfare Department to the post of Commissioner Gr.l, Page 1 of 6 Villianur Commune Panchayat, Local Administration Department, Puducherry, Thiru.Karthikeyan, Welfare Officer as Commissioner Bahour Commune Panchayat and Thiru. Ezhilrajan, Welfare Officer as Commissioner, Mannadipet Commune Panchayat, Puducherry on deputation basis.
1. Copy of the Notified Recruitment Rules for the post of Commissioner Gr. I, Commissioner Gr. II, and amendments made therein may be furnished duly attested by the Public Information Officer, Local Administration Department, Puducherry.
2. Details of the Commissioners presently officiating against the posts of Commissioner Gr. I. Commissioner Gr. II, on deputation basis, and date from which they have been officiating in the post and their period of deputation period.
3. The details of maximum period of deputation for officiating in the post of Commissioner Gr.l and Commissioner Gr.ll, as per the notified Recruitment Rules may be furnished.
4. Copies of proposals received from the Parent Department/Lending Department duly recommended along with the applications submitted by the following commissioner while applying for the post of Commissioner on deputation basis.
Tvl.
1. D. Arumugam, Commissioner, Villianur Commune Panchayat, Puducherry.
2. Karthikeyan, Commissioner, Bahour Commune Panchayat, Puducherry.
3. Eazhil Rajan, Commissioner, Mannadipet Commune Panchat, Puducherry.
5. Copies of Deputation order along with terms and conditions issued by the Borrowing Department(LAD) and lending Department(Social Welfare/ADW&STW) Department are requested in respect of Thiru. Karthikeyan, Commissioner, Bahour Commune Panchayat.
6. Under Secretary (Social Welfare) Department of Social Welfare Puducherry in their order No.9545/DSW/Estt/A4/2022/5604, dated 27.12.2022, repatriated Thiru.D. Arumugam, Assistant Director, Adi- dravidar Welfare and ST Welfare, Puducherry who is officiating as Page 2 of 6 Commissioner as Villianur Commune Panchayat, Puducherry and posted in the Department of Women and Child Department, Puducherry.
INFORMATION REQUIRED.
1. The Date of relief of Thiru. D. Arumugam, Commissioner, Villianur Commune Panchayat Puducherry along with the copy of relieving order of the individual is required to be furnished.
2. The details of new Licenses and renewal issued to the industries, factories, commercial vendors, shops etc., No Objection Certificate (NOC) issued for new real Estates plots etc., by the Commissioner, Villianur Commune Panchayat. Puducherry on or after 27.12.2022, till the date of his relief are required to be furnished along with the necessary copies of Licenses issued, renewal made as said above are required to be furnished.
3. The details of Pay and Allowances claimed in respect of Thiru. D. Arumugam, Commissioner, Villianur Commune Panchayat, Puduchery after the date of 27.12.2022, along with the Bili No., Amount presented with the DAT, Puducherry are required to be furnished. The details of orders issued by the Competent Authority viz., Lieutenant Governor to claim the Salary after 27.12.2022 are required.
4. The copy of Note Sheet approval accorded by the Director, Local Administration Department, Puducherry are required to be furnished."
The CPIO furnished a reply to the complainant on 10.02.2023 stating as under:
"It is informed that Thiru R. Aranganathan, General Secretary, Puducherry and Karaikal Orgin ST (Irular), No: 3, Thirumalai Nagar, Seliamedu-Villianur Main Road, Kudierruppupalayam, Seliamedu Posi, Bahour (Via) Puducherry State- 60/ 402 has submitted an application under Right to Information Act, 2005 seeking information to be obtained from E1 Unit of Establishment Section, Local Administration Department, Puducherry and the Commissioner, Villianur Commune Panchayat, Puducherry.
As per rule 6 (3) of the Right to Information Act, 2005 copy of the application is forwarded to F1 Unit of Establishment Section, Local Administration Department, Puducherry and the Commissioner, Villianur Commune Panchayat, Puducherry with a request to furnish the reply for Page 3 of 6 the question relevant/pertains to your good office, directly to the applicant under intimation to this Department.
The reply may be furnished to the applicant within the time limit prescribed under the RTI Act."
Being dissatisfied, the complainant failed to file a First Appeal. The FAA order is not on record.
Feeling aggrieved and dissatisfied, complainant approached the Commission with the instant Complaint.
Relevant Facts emerged during Hearing:
The following were present:-
Complainant: Present Respondent: Absent The Complainant inter alia submitted that information sought was not provided by the respond till the date of hearing. He requested the Commission to take necessary action as per the provisions of the RTI Act.
Decision The Commission after adverting to the facts and circumstances of the case, hearing the complainant and perusal of the records, notes that the respondent vide letter dated 10.02.2023 transferred the RTI application under section 6 (3) of the RTI Act to F1 Unit of Establishment Section, Local Administration Department, Puducherry and the Commissioner, Villianur Commune Panchayat, Puducherry with a request to furnish reply directly to the complainant. The Complainant submitted that information sought was not provided by the respondent till the date of hearing. The respondent remained absent despite notice and in his/her absence reasons for not providing the information could not be ascertained.
It is pertinent to mention that more than one and half years has elapsed, and information sought has not been provided to the complainant. In view of the above, the then PIO, present PIO, Local Administration, Department, Page 4 of 6 Secretariat, Puducherry and present PIO, F1 Unit of Establishment Section, Local Administration, Department, Secretariat, Puducherry are show caused to explain as to why maximum penalty under section 20 (1) of the RTI Act should not be imposed upon each of them for not providing the information to the complainant. The present PIO is given responsibility to serve a copy of this order as well as show cause notice to the concerned PIOs and secure his/her attendance on the next date of hearing and submit his/her written explanations. All the written explanations (from all the PIOs - the then and the present one) must reach the Commission within four weeks from the date of receipt of this order.
The Complaint is disposed of accordingly.
Vinod Kumar Tiwari (विनोद कुमार वििारी) Information Commissioner (सूचना आयुक्त) Authenticated true copy (अनिप्रमानणत सत्यानित प्रनत) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:
The FAA LOCAL ADMINISTRATION DEPARTMENT, SECREATRIAT, PUDUCHERRY - 605001 PIO, F1 Unit of Establishment Section, LOCAL ADMINISTRATION DEPARTMENT, SECREATRIAT, PUDUCHERRY - 605001 Page 5 of 6 PIO, Commissioner, Villianur Commune Panchayat, Puducherry - 605001 Page 6 of 6 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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