Central Information Commission
Sanjay Pandey vs Msme Di New Delhi on 17 June, 2021
Author: Vanaja N Sarna
Bench: Vanaja N Sarna
क य सच ु ना आयोग
CENTRAL INFORMATION COMMISSION
बाबा गंगनाथ माग
Baba Gangnath Marg
मु नरका, नई द ल - 110067
Munirka, New Delhi-110067
File No.:- CIC/SISND/A/2019/145076
In the matter of:
Sanjay Pandey
... Appellant
VS
1.CPIO/Asst. Director (AB)
MSME, Nirman Bhawan,
Ministry of Micro, Small & Medium Enterprises,
7th Floor, Nirman Bhawan,
Maulana Azad Road, New Delhi- 110 108
2. Central Public Information Officer
Fragrance & Flavour Development Centre (FFDC)
Ministry of MSME, GT Road, Makrand Nagar,
Kannauj - 209 726, Uttar Pradesh
...Respondents
RTI application filed on : 04/05/2019 CPIO replied on : 03/06/2019, 02/07/2019 First appeal filed on : 20/06/2019
First Appellate Authority order : 23/07/2019 Second Appeal dated : 12/09/2019 Date of Hearing : 16/06/2021 Date of Decision : 16/06/2021 The following were present:
Appellant: Present over phone Respondent: Shri Neeraj Arora, Dy. Director(AB) and CPIO, Sh. P.C. Singh, Asst. Director (Mgt.),CPIO (Kannauj), present over phone Information Sought:
The appellant has sought the following information:1
1. Copy of Personnel Policy Manual (P.P.M) of Conduct Rules of F.F.D.C, Centre Kannauj.
2. Details of the total budget sanctioned by Development Commissioner, MSME, Nirman Bhawan, New Delhi for Technology Support Centre for Mint & other Essential Oils, Patna, for the years 2009 to 2012.
Grounds for filing Second Appeal The CPIO did not provide the desired information.
Submissions made by Appellant and Respondent during Hearing:
The appellant submitted that in respect of points no. 1 and 2 he went to the CPIO's office to pay the requisite fee but they refused to accept the payment. Shri Neeraj Arora, Dy. Director and CPIO submitted that the requisite charges can be paid in the form of demand draft or IPO in favour of PAO MSME in respect of point no. 1 of the RTI application. In respect of point no. 2 Sh. P.C. Singh, Asst. Director (Mgt.),CPIO (Kannauj) could not establish the fact that the RTI application was received late and therefore agreed to provide the documents free of cost.
Observations:
Based on a perusal of the record, it was noted that the CPIO vide letter dated 03.06.2019 had claimed photocopying charges of Rs 254/- for providing 127 pages. In respect of point no. 2 the CPIO replied that the RTI application was forwarded to FFDC Kannauj u/s 6(3) of the RTI Act.
The FAA's order was not on record, therefore, the CPIO was asked about its status and he informed the Commission that the reply to the first appeal was forwarded vide letter dated 25.07.2019 stating that the said RTI application was replied on time by the then CPIO. It was also submitted during the hearing by the CPIO that the CPIO, FFDC Kannauj had replied vide letter dated 02.07.2019 informing the applicant that the budget sanction from headquarters is for all clusters not separately for technology support centre for Mint & other essential oil, Patna. However, the available hard copy of the said period may be obtained from the centre after deposit of Rs 4/- through Net banking or Demand draft in favour of FFDC, Kannauj.
The Commission observed that the documents sought in point no. 2 should have been given free of cost as the reply was given beyond the period of 30 2 days. Furthermore, the CPIO had explained the mode of payment in respect of point no. 1 of the RTI application.
Decision:
In view of the above observations, Shri Neeraj Arora, Dy. Director is directed to provide the documents subject to payment of photocopying charges by the appellant within 15 days from the date of receipt of the order.
Sh. P.C. Singh, Asst. Director (Mgt.),CPIO (Kannauj) is directed to provide the copies of the documents in respect of point no. 2 of the RTI application within 15 days from the date of receipt of the order.
The appeal is disposed of accordingly.
Vanaja N. Sarna (वनजा एन. सरना) Information Commissioner (सच ू ना आय! ु त) Authenticated true copy (अ भ मा णत स या पत त) A.K. Assija (ऐ.के. असीजा) Dy. Registrar (उप-पंजीयक) 011- 26182594 / दनांक / Date 3