Central Information Commission
K C Gupta vs Directorate General Defence Estates ... on 19 November, 2018
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
File No : CIC/DIGDE/A/2017/605806/SD
K C Gupta ....अपीलकता/Appellant
VERSUS
बनाम
CPIO,
Directorate General of Defence Estates,
Raksha Sampada Bhawan,
Ullan batar Marg, Delhi Cantt-110010 ... ितवादीगण /Respondents
RTI application filed on : 15/06/2017
CPIO replied on : 03/07/2017
First appeal filed on : 11/07/2017
First Appellate Authority order : 11/08/2017
Second Appeal dated : 03/10/2017
Date of Hearing : 19/11/2018
Date of Decision : 19/11/2018
Information sought:
The Appellant sought copies of documents referred by DGDE to issue show cause notice to him dated 09.09.2009 as well as for issue of charge memo dated 03.12.2010.
Grounds for the Second Appeal:
The CPIO has not provided the desired information.
Relevant Facts emerging during Hearing:
The following were present:-
Appellant: Not present.
1 Respondent: Shashikant Singh, SSA & Rep. of CPIO and Yogesh, DEO, O/o Directorate General of Defence Estates, Raksha Sampada Bhawan, Delhi Cantt. present in person.
Rep. of CPIO submitted that a final reply has been sent to the Appellant on 15.10.2018 wherein enclosures of all relevant documents sought in the RTI Application has been provided.
Decision Commission expresses serious displeasure over the conduct of CPIO in denying information under Section 8(1)(h) of the RTI Act when the charge memo had been issued to the Appellant on 03.12.2010 meaning that the inquiry was long over prior to the date of filing of RTI Application.
Nonetheless, Commission has gone through the case records as well as submission of the Rep. of CPIO during hearing. It further observes that appropriate reply has been provided to the Appellant by the CPIO after receiving notice of hearing.
CPIO is hereby warned to exercise due caution before invoking exemption clauses of RTI Act in future.
The appeal is disposed of accordingly.
Divya Prakash Sinha ( द काश िस हा ) Information Commissioner ( सूचना आयु ) Authenticated true copy (अ भ मा णत स या पत त) Haro Prasad Sen Dy. Registrar 011-26106140 / [email protected] हरो साद सेन, उप-पंजीयक दनांक / Date 2 3