CIC: The RTI application was transferred after 16 days delay excluding the five days mandate as specified under the Act - CIC: The information was provided by PIO after 67 days from the date of receiving the RTI application; Penalty of Rs. 16,750 imposed
13 Jun, 2018ORDER
FACTS:
1. The appellant sought information regarding the name and address of the Delhi/ New Delhi Employee’s Insurance Court. The CPIO did not provided reply in due course of time. FAA did not provide information. The complainant approached this commission.
2. The Commission’s order dated 13.06.2017:
2. The appellant wanted to know the addresses of the ESIC courts in Delhi which were supposed to be constituted under section 74 of ESIC Act. He complained that as such information is lacking in public forum, applicants are consulting advocates who charge large amount as professional fee.
3. The Commission directs the respondent authority to provide detailed information about locations and other information about ESIC courts along with address of Appellate Authority, within 15 days from date of receipt of this order.
4. The Commission directs the CPIO to show-cause why maximum penalty should not be imposed against him for not furnishing the information within prescribed timelines, before 12.07.2017.
5. The Commission directs the CPIO to explain why the respondent authority should not be directed to initiate disciplinary action against him for not disclosing the information sought by the appellant, before 12.07.2017.
6. The Commission directs the CPIO to explain why the public authority should not be directed to pay compensation to the appellant for not disclosing information sought by the appellant, before 12.07.2017.
Decision :
3. Shri P. Baruah, A.C (Vigilance) and the then CPIO in his written submission dated 11.04.2018 explained to the Commission as under:
“…it is submitted that RTI application dated 1st February 2017 of Sh. Shambhu Prasad seeking details of EI Court in Delhi was received on 14th February 2017. Since the information was pertaining to Regional office Delhi, undersigned in the capacity of CPIO, Hqrs. Office has ordered for transferring the application to the CPIO Regional Office Delhi vide note dated 08th March 2017 in the concerned RTI file. Therefore, there was no delay on the part of undersigned in taking action. It is further to inform that, the CPIO Regional office, Delhi has already provided the desired information to the applicant vide letter dated 25.05.2017. The information was also provided by CPIO, SRO Okhla vide letter dated – 14.06.2017. From the above, it is clear that the complete information to the applicant was provided by the respective CPIO’s. The notice of CIC dated 31.05.2017 for hearing of the appeal / complaint of said applicant was received in this office on 13.06.2017 whereas the date of hearing was fixed for 07.06.2017 i.e. the notice was received one week after the date of hearing, therefore the CPIO could not attend the hearing on the fixed date. The show cause notice of CIC dated 13.06.17 was received by undersigned on 23.06.2017. However, as mentioned above the information was already provided by the concerned CPIO’s and on the part of the undersigned, the communication the respective CPIO’s was passed on time, therefore, there was no laxity on the part of the undersigned in initiating action in the matter. The delay if any was resulted due to time taken during transfer of the application from one CPIO to another CPIO. Therefore, the same may kindly be condoned and the Show cause notice may be dropped accordingly. It is also pertinent to mention here that the undersigned was also holding the charge of Additional Commissioner (Vigilance) and during the time when the aforesaid SCN was received the undersigned was busy with finalizing of a few very important vigilance cases regarding complaints/directions received from Central Vigilance Commission (CVC) therefore, the reply to the SCN could not be given timely which may also be kindly condoned.”
4. The Commission upon submission of the respondent authority and perusal of records finds that the information was provided but that too after a much delay. The RTI application which was received on 14th February, 2017 was transferred on 08th March, 2017 which after 16 days delay excluding the five days mandate as specified under the RTI Act. The information was provided by CPIO, Regional office on 25.05.2017 that is after 67 days from the date of receiving the RTI application. The Commission on this ground imposes penalty of Rs. 16,750/- against the CPIO, Regional Office as on the date of 25.05.2017. The Appellate Authority is directed to recover the amount of Rs. 16,750/- from the salary payable to the CPIO, Regional Office as on the date 25.05.2017 by way of Demand Draft drawn in favour of ‘PAO CAT’ New Delhi in 5 equal monthly instalments. The first installment should reach the Commission by 27.06.2018 and the last instalment should reach by 26.10.2018. The Demand Draft should be sent to Shri S.P. Beck, Joint Secretary & Addl. Registrar, Room No. 505, Central Information Commission, Room No.313, CIC Bhawan, Baba Gangnath Marg, Munirka, New Delhi-110067.
SD/-
(M.Sridhar Acharyulu)
Central Information Commissioner
Citation: Shambhu Prasad v. PIO, ESIC in CIC/ESICO/A/2017/130089, Date of Decision - 2.5.2018