Information about Transfer orders on Metnet portal - CIC: For some delay in providing the information the respondent tendered unconditional apology; RTI application was inadvertently not replied within the stipulated time and no mala fide was established
12 Jun, 2024
Information sought:
The Complainant filed an RTI application dated 16.12.2022 seeking the following information:
“The information needed pertains to the Regional Meteorological Centre Chennai, as per details given below:-
1. Which IMD stations under RMC Chennai are designated as hard stations?
2. Is there any transfer order(s) issued for these stations recently by RMC Chennai? If yes kindly provide the order/file number(s)?
3. Is the above said order(s) uploaded on Metnet portal? If not, mention the reason.
4. Mention the name of official(s) with station name who got transferred to the above said hard station(s) with details like public interest/own cost etc.?
5. Were any transfer application submitted by those official(s)? If yes kindly provide the station name(s) he/she requested.
6. Is there any similar transfer order for hard station(s) issued by RMC Chennai on 2020 end (July 2020 to December 2020)? If yes kindly provide the file number(s) and details of officials (name, designation & place of posting)?
7. Did all the official(s) in that order join the respected stations? If not provide the details of such official (name, designation & place of working)?
8. Did any official(s) get deferment/cancellation in the above said order? If yes give the details of that official and the higher authority (name & designation) that approved the deferment/ cancellation?
9. Provide the details of the above said deferment/cancellation order if any with file number and the date of proceedings.
10. Is there any connection between the hard station transfer order of 2022 (referred in question no. 2) and the 2020 order (referred in question no. 6)? If yes provide the details with file proceedings date.”
Having not received any response from the CPIO, the complainant filed a First Appeal dated 08.02.2023. The FAA vide its order dated 23.02.2023, held as under:-
“The appellate sought explanation from concerned CPIO of the public authority. The CPIO submitted that the said application was misplaced and could not be noticed by him as the same was received by post and also due to his operational weather forecasting duties. He tendered his apology for the same and submitted the item-wised reply for the said application.
5. The item-wised information as available and that can be supplied under RTI Act are provided below.
1. Which IMD stations under RMC, Chennai are designated as hard stations?
RS/RW Minicoy, RS/RW Amini, and Agathi AP.
2. Is there any transfer order(s) issued for these stations recently by RMC, Chennai? If yes, kindly provide the order/file number(s)?
Yes, File No. A-22014/III/2021-Estt.
3. Is the above said order(s) uploaded on Metnet portal? If not, mention the reason.
The order was not uploaded in Metnet as it is not mandatory to upload all office orders in Metnet. When orders are meant for one or two officials, they are directly served to the concerned officials.
4. Mention the name of official(s) with station name who got transferred to the above said hard station(s) with details like public interest /own cost etc.?
These stations in existence for several decades and the appellant has not mentioned the period for which above details are required and hence could not be provided.
5. Were any transfer applications submitted by those official(s)? if yes, kindly provide the station name(s) he/she requested?
The transfer applications submitted by the individuals and the details mentioned thereon are not public information and cannot be disclosed under section 8(1)(j) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. of the RTI Act.
6. Is there any similar transfer order for hard station(s) issued by RMC, Chennai on 2020 end (July 2020 to December 2020)? If yes, kindly provide the file number(s) and details of officials (Name, Designation and place of working).
No transfer orders have been issued for hard stations during the specified period.
7. Did all the official(s) in that order join the respected stations? If not provide the details of such official (Name Designation and place of working).
As there was no order issued, vide reply for (6), no information is available to provide.
8. Did any official(s) get deferment/cancellation in the above said order? If yes give the details of that official and the higher authority (name & designation) that approved deferment/cancellation.
As there was no order issued, vide reply (6), this case does not arise and no information is available to provide.
9. Provide the details of the above said deferment/cancellation order, if any with file number and the date of proceedings.
As there was no order issued, vide reply (6), no information is available to provide.
10.Is there any connection between the hard station transfer order of 2022 (referred in Q. No. (b) and the 2020 order (referred in Q. No.(f))? If yes, provide the details with file proceedings date.
As there was no order issued, vide reply (f), this case does not arise and no information is available to provide.”
Feeling aggrieved and dissatisfied, complainant approached the Commission with the instant Complaint.
Relevant Facts emerged during Hearing:
The following were present:-
Complainant: Present through video conference
Respondent: Dr. B. Amudha, Scientist-F, appeared though video conference.
The complainant inter alia submitted that he was not satisfied with the reply given by the respondent as it was incomplete and misleading.
The respondent while defending their case inter alia submitted that due to the CPIO’s operational forecasting responsibilities as Head of the Regional Weather Forecasting Centre, Cyclone Warning Centre, Agricultural Met. Advisory Services in Regional Meteorological Centre, Chennai during the prime rainfall/cyclone season (October to December) and administrative responsibility as Finance officer, he missed the track of the said application of the appellant and could not answer in stipulated time.
However, all requested information sought in the RTI application was supplied to the appellant through the First Appellate Authority during his First appeal on 23.02.2023, copy of the same was placed on record, the respondent further submitted during the hearing. Besides, they tendered their sincere apology for the unintentional non-compliance of timeline given under the RTI Act for disposal of the application.
Decision
The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records, notes that the respondent has provided point-wise information or reply to the complainant vide letter dated 23.02.2023. It is noted that the instant matter is a complaint filed under Section 18 of the RTI Act. Hence, the only adjudication required to be made by the Commission is to determine if the information has been denied with a mala fide intention or unreasonable cause to the information seeker. Perusal of the records reveals that there was some delay in providing the information to the appellant, for which, the respondent tendered unconditional apology. It is further observed that the RTI application was inadvertently not replied within the stipulated time and no mala fide was established on part of the respondent. Hence, the Commission finds no scope of intervention in the instant Complaint.
The Complaint is dismissed accordingly.
Vinod Kumar Tiwari
Information Commissioner
Citation: G S Swatip v. Indian Meteorological Department, CIC/IMETD/C/2023/107163; Date of Decision : 18-03-2024