Central Information Commission
Mrr K Jain vs Cbec on 16 March, 2015
CENTRAL INFORMATION COMMISSION
August Kranti Bhawan, Bhikaji Cama Place,
New Delhi-110066
F.No.CIC/SS/A/2012/001847-YA
Date of Hearing : 16.02.2015
Date of Decision : 16.03.2015
Appellant : Shri R.K. Jain
New Delhi
Respondent : Shri Rajender Prasad, CPIO
Shri Kripa Shankar, Asst. Registrar
Shri S.K. Verma, Asst. Registrar
CESTAT, New Delhi
Information Commissioner : Shri Yashovardhan Azad
Relevant facts emerging from appeal:
RTI application filed on : 15.12.2011
PIO replied on : 14.03.2012
First Appeal filed on : 11.01.2012
First Appellate Authority (FAA) order on : 16.02.2012
Complaint received on : 11.04.2012
Information sought:
The appellant sought inspection and copies regarding leave/tour details (including LTC), leave applications/tour orders of Shri S.K. Verma, Asst. Registrar & Shri Mohinder Singh, Asst. Registrar (Adm.), CESTAT.
Relevant facts emerging during hearing:
Both parties are present. The appellant filed an RTI application dt. 14.12.2011, seeking the above information. On not receiving any reply from the CPIO within prescribed time, the appellant filed first appeal. The FAA recorded in his order that information could not be given to the appellant as some of this information was available in the Bangalore office of CESTAT. The appellant, during the FAA's hearing stated before the FAA that he may be given information of leave taken from 18.07.2011, which is available in Delhi office. The FAA directed to provide the same to the appellant, within 15 days. The appellant inspected the record on 27.03.2012 and submitted the fees of Rs. 252/- by Pay Order on 28.03.2012. On
02.04.2012, copies of 126 pages of information were provided by Mohinder Singh, deemed CPIO.
The appellant requested that point (B) of the RTI application may be dropped. The Commission accords its approval for the same.
The appellant stated information was provided to him after inordinate delay of more than one and a half months, when the same was to be provided within 15 days. He stated that S.K. Verma and Mohinder Singh deliberately caused the delay. He stated that the FAA's order was passed on 16.02.2012 and that S.K. Verma, on 14.03.2012 requested Mohinder Singh to provide the requisite information to the appellant immediately, but this order was cancelled by S.K. Verma vide letter dt. 21.03.2012. On 15.03.2012, Dy. Registrar, CPIO forwarded the RTI application to Asst. Registrars (Admn.), CESTAT to provide information to the appellant on Points (C) to (D). The appellant stated that S.K. Verma directed Mohinder Singh, when he had no business to do so.
He stated that the CPIO had applied before the competent authority on 19.12.2011 that another CPIO may be appointed as the information sought in RTI application dt. 14.12.2011 was his own information. And that on 05.03.2012, Naresh Kumar was made the CPIO. He stated that thus, S.K. Verma, deliberately passed an order directing Mohinder Singh to provide information vide letter dt. 14.03.2012.
The respondent expressed regret and stated that realising that he had directed Mohinder Singh to provide information when he had recused himself; he withdrew the same on 21.03.2012. Further, he stated that the FAA's order was complied with by Mohinder Singh and Naresh Kumar.
Decision:
After hearing both the parties and on perusal of record, the Commission is of the view that the information was provided to the appellant in compliance of the FAA's order. As for the delay caused in complying with the same, the Commission finds that the same was caused due to administrative formalities in changing the CPIO, which the Commission need not go into. The information sought was relating to S.K. Verma, Asst. Registrar/CPIO himself and the Commission does not find any mala fide intention on his part, to seek someone else to be the CPIO. The administrative procedures in doing the same caused the delay, which cannot be attributed to either S.K. Verma or Mohinder Singh.
The Commission, however, does find that S.K. Verma directed Mohinder Singh vide letter dt. 14.03.2012, when he had recused himself from the instant RTI application. S.K. Verma is, hereby, cautioned not to repeat the same and strictly abide by the provisions of the Act, in a time-bound manner.
The appeal is disposed of 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.
(B.D. Harit) Deputy Secretary & Deputy Registrar