K. Gopakumaran Nair vs Department Of Financial Services on 13 July, 2020

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Central Information Commission

K. Gopakumaran Nair vs Department Of Financial Services on 13 July, 2020

1. The issues under consideration arising out of the second appeal dated 11.05.2018 include non-receipt of the following information raised by the Page 1 of 4 appellant through his RTI application dated 14.12.2017 and first appeal dated 16.01.2018:-

• Recommendation letters addressed to Secretary (Financial Services) by the GIPSA Chairman dated 17/03/2017 and the one addressed to JS(DFS) Dr. Srinivas Rao by ED(P) of LIC dated 25/04/2017 for allowing last and final option for pension to left out employees of these organizations were turned down by identical fetters vide DFS letter No. F. No. S11012/01/2011-Ins I dated 05/06/2017, signed by the Under Secretary.

• Recommendation letters addressed to the Head of the Dept and also to her Second in Command by other Head of Institutions cannot be turned down by a junior officer unless approved by the higher ups in the official hierarchy, duly backed up by a detailed office note. I would, therefore, request you to provide me with the copy of office note(s) by which the recommendation letters of both GIPSA as well as LIC , as referred above, were turned down vide your letter of 05/06/2017.

2. Succinctly facts of the case are that the appellant filed an application dated 14.12.2017 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Department of Financial Services, Parliament Street, New Delhi, seeking aforesaid information. The CPIO replied on 10.01.2018. Dissatisfied with the response of the CPIO, the appellant filed first appeal dated 16.01.2018. The First Appellate Authority disposed of the first appeal vide order dated 16.02.2018. Aggrieved by this, the appellant has filed a second appeal dated 11.05.2018 before this Commission which is under consideration.

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3. The appellant filed the instant appeal dated 11.05.2018 inter alia on the grounds that the respondent had not furnished the desired information.

4. The CPIO vide letter dated 10.01.2018 provided copies of the rejection letters referred to in the RTI application. The FAA directed the CPIO to provide the information or convey reasons, if he decided to decline the information as per provisions of RTI Act.

5. The appellant did not mention his contact details in his RTI application/appeal, hence, could not be contacted; and on behalf of the respondent, Smt. Archana Sehgal, Debt Recovery Tribunal-I, Delhi, attended the hearing through audio conference.

5.1. The respondent submitted that she was not the concerned officer in the case and did not have the concerned details of the case.

6. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of records, notes that the respondent vide their letter dated 10.01.2018 provided the copies of rejection letter dated 05.06.2017 already available in public domain. The appellant has asked for the copy of office note(s) by which the recommendation letters of both GIPSA as well as LIC were turned down by letter dated 05.06.2017. Perusal of records reveals that the respondent have provided the copies of office notings vide their letter dated 15.05.2020 i.e. after a period of over two years have elapsed.

Further, none of the representatives concerned from Department of Financial Services have attended the hearing. In view of this, the Registry of this Bench is directed to issue show cause notice to Shri Umesh Chandra, present CPIO as well as to Shri Mritunjay Singh, the then CPIO, to show cause as to why penalty under provisions of section 20 (1) of RTI Act may not be imposed upon each of them for providing incorrect and incomplete information vide their letter Page 3 of 4 dated 10.01.2018, for not attending the hearing and for the delay caused in furnishing the information. All written submissions must reach the Commission within 21 days or may be uploaded on the Commission's web portal.

Copy of the decision be provided free of cost to the parties.

Sd/-

(Suresh Chandra) (सुरेश चं ाा)) Information Commissioner (सू सूचना आयु ) दनांक/Date: 25.06.2020 Authenticated true copy R. Sitarama Murthy (आर. सीताराम मूत$) Dy. Registrar (उप पंजीयक) 011-26181927(०११-२६१८१९२७) Addresses of the parties:

CPIO :

1. DEPARTMENT OF FINANCIAL SERVICES 2ND FLOOR, JEEVAN DEEP BUILDING, PARLIAMENT STREET, NEW DELHI - 110 001 THE F.A.A, DEPARTMENT OF FINANCIAL SERVICES, 2ND FLOOR, JEEVAN DEEP BUILDING, PARLIAMENT STREET, NEW DELHI -110 001 K. GOPAKUMARAN NAIR Page 4 of 4

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