Central Information Commission
Gurpreet Kaur vs Central Adoption Resource Agency on 18 April, 2024
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
File No : CIC/CARAG/A/2023/643928
Gurpreet Kaur .....अपीलकर्ाग /Appellant
VERSUS
बनाम
PIO,
Central Adoption Resource
Authority West Block 8, Wing
2, 1st Floor, Rama Krishna
Puram, New Delhi - 110066 ....प्रनर्वािीगण /Respondent
Date of Hearing : 15-04-2024
Date of Decision : 16-04-2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 09-04-2023
CPIO replied on : 08-05-2023
First appeal filed on : 06-06-2023
First Appellate Authority's order : Not on record
2nd Appeal/Complaint dated : 10-09-2023
Information sought:
The Appellant filed an RTI application dated 09-04-2023 seeking the following information:
"This is regarding My CARA registration id PrDL22101180978 done on 12.10.2022.Page 1 of 4
A home visit was conducted by Ms Shimla from Nirmal Chaya Complex, Hari Nagar, Jail Road, New Delhi on 06.01.2023 at my residence address provided in the application. on 09.01.2023 a counselling session was done with the counsellor at Nirmal Chaya Complex which was attended by me and my family. Please provide me my Home Study Report under Right to information act."
The CPIO furnished a reply to the Appellant on 08-05-2023 stating as under:
"As per CARINGS Record PAPs waiting for online acceptance by SAA for Home Study Report (HSR) and still not uploaded on CARA CARINGS portal SO kindly contact to concern SAA/Agency."
Being dissatisfied, the appellant filed a First Appeal dated 06-06-2023. The FAA order is not on record.
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Ms. Gurpreet Kaur along with her representative Ms. Amandeep Kaur, attended the hearing in person.
Respondent: Ms. Rupanshi Pandey, CPIO and Research Assistant and Ms. Abhisarika Rai, Junior Professional, attended the hearing in person. The Appellant stated that the Respondent has not provided the relevant information as sought in the instant RTI Application till date. She added that as per rule, HSR report must be uploaded within 30 days. The Respondent submitted that at the time of RTI Application, Appellant's case was under process and that is why the relevant information could not be given to the Appellant. She added that HSR agency conducted the home survey report wherein the Appellant's case has been rejected.
The Commission interjected and asked the Respondent that whether the First Appeal has been adjudicated by the First Appellate Authority or not, she could not provide a cogent reply.
Decision:
The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records, observes that even after receiving the hearing notice from the Commission, the Respondent has not provided the relevant information to the Appellant depriving her the chance to file Appeal under CARA, hence, it raises doubt that the denial of information is Page 2 of 4 with a mala fide intent. The Commission admonishes the Respondent for flouting the provisions of the RTI Act by not providing the relevant information to the Appellant. Therefore, the Commission deems it expedient to direct the Registry of this Bench to issue Show Cause notice to Ms. Rupanshi Pandey, CPIO and Research Assistant, for not providing the relevant information to the Appellant even after receiving the hearing notice from the Commission thereby flouting the provisions of RTI Act. The CPIO shall explain in writing as to why action should not be initiated against her under Section 20(1) and 20(2) of the RTI Act for the foregoing reasons, written explanation of the CPIO should reach the Commission within three weeks from the date of receipt of this order.
Be that as it may, since the Respondent has not provided the relevant information to the Appellant till date, the Commission deems it expedient to direct Ms. Rupanshi Pandey, CPIO and Research Assistant, to provide available and relevant information to the Appellant, within two weeks from the date of receipt of this order. The present CPIO is further directed to invoke Section 5(4) of the RTI Act in case the information has to be obtained from some other department/custodian of the record.
The FAA is to ensure the compliance of this order.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (विनोद कुमार वििारी) Information Commissioner (सूचना आयुक्त) Authenticated true copy (अनिप्रमानणर् सत्यानपर् प्रनर्) (S. Anantharaman) Dy. Registrar 011- 26181827 Date Page 3 of 4 Copy to:
Shri Jaganath Pati FAA and Director Program, Central Adoption Resource Authority West Block 8, Wing 2, 1st Floor, R K Puram, New Delhi - 110066 Page 4 of 4 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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