Details of the permission sought by Pankaj K.P. Shreyaskar, for writing /publishing of books, articles & delivering lectures or attending workshops was sought - CIC: check the mode of dispatch & check their receipt record to see if the letter was received20 Mar, 2015
Appeal No. CIC/MP/A/2014/000497
1. The appellant, Shri R K Jain, submitted RTI application (No. 7554) dated 2 December 2013 before the Central Public Information Officer (CPIO), Ministry of Statistics & Programme Implementation, New Delhi seeking details of the permission sought by Shri Pankaj K.P. Shreyaskar, ISS for writing/publishing of books, articles and delivering lectures or attending workshops from 1.1.2008, copies of note sheets of 3 files (no. 12016/3/Jag, 12012/01/2013ISS, 120106/3/2010ISS), copies of letter/order no. 12016/3/Lag/2010ISS dated 7.3.2011, 12016/2012 dated 7.2.2013, copies of orders issued in relation to promotion of Shri Pankaj K.P. Shreyaskar from 1.11.20012, through a total of 7 points.
2. Not getting any information from the CPIO concerned within the stipulated time period, the appellant preferred an appeal dated 3 January 2014 before the First Appellate Authority. Not CIC/MP/A/2014/000497, CIC/MP/A/2014/000588 satisfied with the reply dated 6.1.2014 of the CPIO, he filed another appeal dated 8.1.2014 before the First Appellate Authority. Both the appeals were decided by the First Appellate Authority vide his order dated 12.2.2014.
3. Dissatisfied with the response of the public authority, the appellant preferred second appeal before the Commission.
Appeal No. CIC/MP/A/2014/000588
4. The appellant, Shri R K Jain, submitted two RTI applications (no. 7566 & 7665) dated 5 December 2013 and 23 December 2013 before the Central Public Information Officer (CPIO), Ministry of Statistics & Programme Implementation, New Delhi seeking information regarding the permission sought by Shri Pankaj K P Shreyaskar, ISS for writing and getting books titled as “Transparency and Right to Information: Strategies to Combat corruption in India” published by Lambert Academic Publishing, Germany. The book were priced at 59 Euros and published in September 2012 etc., through 8 points and a certified copy of the letter dated 9.11.2012 of Joint Secretary (A&P), CIC with all endorsements and enclosures therewith etc.
5. Vide reply dated 9 January 2014, the CPIO informed that no record regarding the permission sought by Shri Pankaj K.P. Shreyaskar for publishing the book was available in the Ministry. The appellant preferred first appeal dated 10.1.2014 and 3.2.2014 in respect of the above two RTI applications, before the First Appellate Authority on not having got any satisfactory response from the CPIO concerned. Vide order dated 4 March 2014, the FAA disposed of the matter by stating that similar appeals made by the appellant had been disposed of vide order dated 12.2.2014.
6. Dissatisfied with the response of the public authority, the appellant preferred second appeal before the Commission.
7. The matter was heard by the Commission. The appellant requested for clubbing of these two cases as these pertained to similar subject matter. The appellant submitted that he had sought information regarding the permission sought by Shri Pankaj K.P. Shreyasker, an ISS officer from the Ministry concerned but the CPIO had furnished an evasive reply stating that no record was available in that regard. He added that he had also provided some documentary proof to the respondents, regarding the publication of book by the officer, but inspite of that no satisfactory reply had been provided to him by the respondents. He also alleged that the FAA had not given him an opportunity of hearing and disposed of the matter unilaterally.
8. The respondents reiterated their position stating that the CIC might have forwarded the request of Shri Shreyaskar to Director ISS for publishing the book but it’s not in their record and also that they had offered to provide inspection of the relevant file, to the appellant.
9. After hearing both the parties, the Commission directs the respondents to check the mode of dispatch from the CIC and then check their receipt and dispatch record to see if the letter from CIC was received by them. In case, such a letter was received, the competent authority may take action as deemed fit for not keeping it on record and provide information to the appellant in case of its non receipt and non availability in their record. The respondents will also provide an affidavit to the appellant confirming its non availability.
10. The action on the above decision should be completed within
15 days under intimation to the Commission.
Citation: Shri R K Jain v. M/o Statistics & Programme Implementation in Appeal No. CIC/MP/A/2014/000497 No. CIC/MP/A/2014/000588