CIC: PIO invoked the exemption clauses mechanically to deny such information which is now claimed to be not even existing - CIC took grave exception to the conduct of the PIO and admonished him for causing unwarranted inconvenience to the Appellant
14 Feb, 2022
Information sought:
The Appellant filed an RTI application dated 7.9.2020 seeking the following information as under:
“1. Kindly provide the login details of "District lnformation & Technology Society, Fatehabad" or "DITS Fatehabad".
Kindly provide following information
Sr.No
Username Log in date & Time
Logout Date & time
IPAddress From which logged in
2. Items for which quotations needed
Sr. No.
Item Name
Date & time
Emergency/Urgent
3- Kindly provide the following details of the bidders who have participated in the bidding for DITS Fatehabad:-
Sr.No
Username
Log in date & Time
Logout Date & time
IPAddress From which logged in
4- Bidder who got the order of items mentioned in Sl. No.2
Sr. No.
Item Name
Bidder name who got the order
Emergency/Urgent
The CPIO replied to the appellant on 29.09.2020 denying the information on the grounds of thirty party information and cited Section 8 (1)(e) of RTI Act.
Being dissatisfied, the appellant filed a First Appeal dated 12.10.2020 FAA’s order, 26.10.2020 upheld the reply of CPIO.
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerging during Hearing:
The following were present:-
Appellant: Present through audio conference.
Respondent: S K Jain, GeM-SPV & CPIO present through audio conference.
The CPIO relied on his written submissions sent prior to the hearing on 24.01.2022 wherein he has stated a revised input on the availability of the information as sought for in the RTI Application by stating that upon re-examination it has been found that no such organization is registered on the GeM portal in the name of "District lnformation & Technology Society, Fatehabad" or "DITS Fatehabad”
The Appellant acknowledged the revised status informed by the CPIO.
Decision:
The Commission takes grave exception to the conduct of the CPIO evinced in the instant matter as he appears to have not exercised due diligence while replying to the RTI Application initially on 29.09.2020, he rather invoked the exemption clauses of the RTI Act mechanically to deny such information which is now claimed to be not even existing in the records. The reply of the CPIO therefore amounts to have misled the Appellant and caused an obstruction to his right to information, however, for lack of malafides pertinent in his conduct, the Commission is taking a lenient view in the matter.
The CPIO is admonished for causing unwarranted inconvenience to the Appellant in the matter and he is strictly warned to ensure against recurrence of such instances in the future as the same will attract the penal provisions of Section 20 of the RTI Act.
The appeal is disposed of accordingly.
Saroj Punhani
Information Commissioner
Citation: Vazir Singh v. Department of Commerce in File No : CIC/DOCOM/A/2020/137571, Date of Decision : 27/01/2022