Central Information Commission
Mr.Jai Narain vs Department Of Personnel And Training on 6 June, 2012
Central Information Commission, New Delhi
File No.CIC/SM/A/2011/001753
Right to Information Act2005Under Section (19)
Date of hearing : 6 June 2012
Date of decision : 6 June 2012
Name of the Appellant : Shri Jai Narain,
G316, Nauroji Nagar,
New Delhi - 110 029.
Name of the Public Authority : CPIO, Department of Personnel &
Training, Lok Nayak Bhawan,
Khan Market, New Delhi.
The Appellant was present in person.
On behalf of the Respondent, Shri Ajay Saxena, S.O., was present.
Chief Information Commissioner : Shri Satyananda Mishra
2. Both the parties were present during the hearing and made their submissions.
3. In respect of a specific letter addressed to the concerned authorities by the RWA of a particular government colony demanding, among other things, deterrent action against one Sri Roy, the Appellant had wanted to know if a recommendation had been made to the MOD to initiate such action. The CPIO had informed him that the handing over of the charge to the newly elected Secretary of the Managing Committee of the RWA had since been completed. CIC/SM/A/2011/001753 The first Appellate Authority had, more or less, endorsed the response of the CPIO.
4. During the hearing, the Appellant pointed out that he was really interested to know if any action had been recommended against that particular employee for not handing over the charge within the stipulated period and not about the completion of the charge handover. On careful examination of the response of the CPIO, it is clear that he has not been provided any information regarding the action taken by the authorities concerned against Sri Roy. Therefore, we are of the view that the CPIO should now clearly state if any action had been initiated against that particular employee or any recommendation had been sent to the MOD to initiate action at their level. However, if no such initiative had been taken, the CPIO should clearly state so. We direct the CPIO to inform the Appellant about this within 10 working days of receiving this order. In case any action is found to have been taken, the CPIO shall also provide the photocopies of the relevant file noting and the correspondence made in that regard.
5. The appeal is disposed of accordingly.
6. Copies of this order be given free of cost to the parties.
(Satyananda Mishra) Chief 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.
CIC/SM/A/2011/001753 (Vijay Bhalla) Deputy Registrar CIC/SM/A/2011/001753