Central Information Commission
P N Singh vs Ministry Of Women & Child Development on 28 August, 2020
Author: Vanaja N Sarna
Bench: Vanaja N Sarna
केंद्रीय सच
ु ना आयोग
CENTRAL INFORMATION COMMISSION
बाबा गंगनाथ मागग
Baba Gangnath Marg
मनु नरका, नई ददल्ऱी - 110067
Munirka, New Delhi-110067
File no.: CIC/DOWCD/A/2018/145720/MOWCD/Interim
In the matter of:
P N Singh
... Appellant
VS
Central Public Information Officer,
Ministry Of Women and Child Development (MOWCD),
Shastri Bhawan, New Delhi - 110001
...Respondent
RTI application filed on : 05/02/2018 CPIO replied on : Not on record First appeal filed on : 19/04/2018
First Appellate Authority order : Not on record Second Appeal dated : 14/07/2018 Date of Hearing : 27/08/2020 Date of Decision : 27/08/2020 The following were present: Appellant: Present over VC Respondent: Not present Information Sought:
The appellant has made a reference to his letter dated 25/01/2017, which has been forwarded to the MOWCD by the Ministry of Law Justice vide Office Memorandum dated 03/02/2017. The said letter dated 25/01/2017 has been written in connection with the Suppression of Immoral Traffic in Women and Girls (Amendment) Act, 1986. In the said context, the appellant has sought the action taken report in the matter.
Grounds for Second Appeal 1 The CPIO has not provided the desired information.
Submissions made by Appellant and Respondent during Hearing:
The appellant pressed for repealing the Immoral Traffic in Women and Girls (Amendment) Act, 1986. He was informed that this is outside the purview of the RTI Act. However, an action taken report on his representation should have been given. The CPIO was not present during the hearing despite duly served notice on 03.08.2020 vide speed post acknowledgment no. ED596638626IN. Observations:
Based on a perusal of the record, it was noted that there is no reply on record. Moreover, the CPIO was also not present to explain why no reply was provided and also why the first appeal was not disposed of. The record shows that the appellant's representation was forwarded to the Ministry of Women and Child Development.
Interim Decision:
The CPIO's conduct in not having provided a reply on the RTI Application, and also not being present during hearing, amounts to gross violation of the provisions of the RTI Act. Moreover, there was no reply provided till date. In view of this, the Commission directs the CPIO to appear before the bench on 24.09.2020 at 01.20 pm in person/audio to show cause as to why action should not be initiated against him/her under Section 20(1) and (2) of the RTI Act. The CPIO is also directed to send a copy of all supporting documents upon which he/she chooses to rely upon during the hearing. The said documents be sent to the Commission atleast two days prior to the hearing via linkpaper. If any other persons are responsible for the said omission, the CPIO shall serve a copy of this order on such persons to direct their presence before the bench as well.
The CPIO is also given a last opportunity to provide an apt reply to the appellant, within 7 days from the date of issue of this order.
The case is adjourned accordingly.
Vanaja N. Sarna (वनजा एन. सरना) Information Commissioner (सच ू ना आयक् ु त) Authenticated true copy 2 (अभिप्रमाणित सत्यापित प्रतत) A.K. Assija (ऐ.के. असीजा) Dy. Registrar (उप-पंजीयक) 011- 26182594 / दिन ंक / Date 3