Complainant pressed for action against the then CPIO u/S 20 of RTI Act for delay in transferring the RTI application beyond the stipulated period of 5 days - CIC called for the relevant dispatch & receipt records on the next date of hearing
O R D E R
1. The complainant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Security Printing And Minting Corporation Of India Limited (SPMCIL), New Delhi seeking following information:-
“a) Subject matter of information: Pertaining to Case No:- CIC/ISPNR/C/2017/169219-BJ Dtd 17.9.18 where the Commission directs the CPIO to furnish the information on point no. 07 to the Complainant, within a period of 15 days from the date of receipt of this order.
b) The period to which information relates: 17.9.18 till the Date of this RTI application.
c) Description of Information required: Please provide certified copies of following information:
1. Action Taken Report (ATR) by CMDSPMCIL after receiving order from Hon’ble CIC.
2. If order of Honble CIC is not complied by CPIO of CMD, SPMCIL then provide reasons available on record for non-compliance, along with action taken report by the CMD-SPMCIL.
3. Expected date by which the decision will be complied.”
2. The CPIO responded on 03-12-2018. Thereafter, the complainant filed a complaint u/Section 18 of the RTI Act before the Commission requesting to take appropriate legal action against the CPIO u/Section 20 of the RTI Act, 2005.
3. The complainant, Mr. Varun Krishna attended the hearing through audio conferencing. Mr. V Balaji, AGM(HR) and Mr. Ashesh Avinashi, DGM(HR) participated in the hearing representing the respondent(s) through audio conferencing. The written submissions are taken on record.
4. The complainant submitted that he is pressing for action against the then CPIO u/Section 20 RTI Act, 2005 for delay in transferring the RTI application beyond the stipulated period of 5 days prescribed under Section 6(3) of the RTI Act, 2005. He also submitted that the CPIO has knowingly and malafidely obstructed the information. In this regard, he requested the Commission to impose penalty on the concerned CPIO.
5. Mr. V Balaji, AGM(HR) appearing on behalf of the respondent no. 1 submitted that the RTI application was transferred to the CPIO, India Security Press, Nashik on 03-12-2018. However, Mr. Ashesh Avinashi, DGM(HR) appearing on behalf of the respondent no. 2 has categorically indicated that no such RTI application was received in their office.
6. This Commission observes that both the respondent nos. 1 and 2 have taken contradictory stands with regard to dispatch and receipt of the RTI application. Mr. V Balaji, AGM (HR) has mentioned about transferring the RTI application to the CPIO, India Security Press, Nashik on 03-12-2018 whereas Mr. Ashesh Avinashi, DGM(HR) appearing on behalf of the respondent no. 2 has denied having received this RTI application. In view of this, the matter is adjourned with a direction to the respondents to come up with their outward and inward register(s) including the relevant dispatch & receipt records on the subject on the next date of hearing for effective disposal of this complaint.
7. The Deputy Registrar is directed to fix a hearing in the matter on a suitable date.
8. Copy of the decision be provided free of cost to the parties.
Neeraj Kumar Gupta
Citation: Varun Krishna v. Security Printing And Minting Corporation Of India Limited (SPMCIL) and India Security Press, (SPMCIL) in Complaint No. CIC/ISPNR/C/2019/601438, Date:20-08-2020