Respondent: Since the then PIO died in harness in May, 2021 and the login ID and access to online RTI portal was not transferred to the successor, therefore, reply not given within stipulated time frame - CIC: Delay was unintentional
2 Jun, 2025Information sought:
1. The Appellant filed an RTI application dated 15.09.2023 (online) seeking the following information:
“A case was registered under the CIC (Case File No. CIC/FBPJT/A/2017/183538) and a Hearing was notified on 13.05.2019 and a judgement or decision was announced (Decision No. CIC/FBPJT/A/2017/183538/00627).
Order of the decision/judgement is attached in Annexure 1 for your kind perusal. But the order of the decision has not been carried out till date.
The Under Secretary to the Govt. of India has also sent several letters to the concerned authority for response of the non-compliances. (See Annexure 2, letter No. F-11011/1/2017-E-III/213-214 dated 16th February, 2023 in the same attachment).
Still the order is pending for execution. Now, I would like to know the following informations.
1) When the order of the decision would be executed.
2) Whether there is any outcome of the latest letter of the Under Secretary (letter No. F-11011/1/2017-E-III/213-214 dated 16th February, 2023, Annexure 2 of the attachment)
3) When the next compassionate basis recruitment would be announced.
4) What is the position of my elder son Shri Sandip Majumder in the compassionate basis panel. Whether the position is prepared in accordance with the existing DoPT rules.”
2. Not having received any response from the CPIO, the appellant filed a First Appeal dated 22.10.2023. The FAA order is not on record.
3. Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Not present.
Respondent: Shri Mantosh Kumar Gond, Manager (Admin)-cum-CPIO present through videoconference.
4. Upon being queried by the Commission regarding status of reply of the instant RTI application, the respondent at the outset tendered his unconditional apology and explained that since the then CPIO/Nodal Officer, Shri Manoj Anand died in harness in May, 2021 and consequently, the login ID and access to online RTI portal was not transferred to the successor, therefore, he was not able to give reply within stipulated time frame. However, with considerable efforts by the Respondent, a new login ID was created for access to online RTI portal on 27.03.2024. As regards the information sought, he apprised the bench that CIC’s directions in case File No. CIC/FBPJT/A/2017/183538/00627 has already been complied vide FBPs letter No. I-110011/01/2023-Estbt (FBP)/138 dated 09.01.2024 and the reply has been sent to the Appellant through speed post. The Respondent submitted before the Commission that he will file a written submission with a copy to the Appellant by explaining the facts in writing, which was allowed by the Bench.
5. Post hearing, the respondent has filed a letter dated 25.04.2025 addressed to the appellant, which is taken on record. Contents of the same are reproduced below:
“…It is to inform that CIC letter dated 15.04.2019 and hearing dated 13.05.2019 compliance report of which has already been sent to you vide FBPs letter No. 1-11011/1/2018-Estbt(FBP)/1339 (A)(3) dated 06.05.20219. Further it is to inform that your online RTI application registered vide No. FBPJT/A/E/23/00014 dated 15.09.2023 and First Appeal registered vide No. FBPJT/A/E/23/00005 dated 22.10.2023 could not be received due to ID & Password of Nodal Officer was locked due to death of the then Nodal Officer Shri B.N. Singh. For creation of new ID & Password of Nodal Officer this office has sent several letters / e-mail sent to DoWR, RD&GR (copy enclosed- Annexure-l). New user ID & Password has been created on 27th March, 2024 (copy enclosed Annexure-II)
As per direction of CIC letter No. CIC/FBPJT/A/2017/183538 and decision no. CIC/FBPJT/A/2017/183538/00627 reply of your first appeal dated 18.12.2023 has already been sent to you vide FBPs letter No. I110011/01/2023-Estbt(FBP)/138 dated 09.01.2024 through Speed Post (copy enclosed Annexure-III).”
Decision:
6. The Commission after adverting to the facts and circumstances of the case and perusal of the records observed that main premise of instant appeal was non-receipt of any reply from the Respondent. In response to which, the respondent informed that a reply has already been provided to the appellant vide letter dated 09.01.2024 copy of which is taken on record. He further tendered his apology for delayed response by explaining that since the then PIO having access to online RTI portal expired in May, 2021 and the login ID and password for the same was not accessible to the respondent, due to which he was unable to provide the reply within stipulated time. The Commission notes that the delay was unintentional and accordingly, condoned in the absence of malafide on the part of the CPIO.
7. The Commission finds no infirmity in the reply given by the CPIO as the same was in line with the provisions of the RTI Act. Moreover, the appellant neither appeared during hearing to contest the version of the respondent nor filed any written submission to agitate the matter. 8. Intervention of the Commission is not warranted in the matter.
The appeal is dismissed accordingly.
Vinod Kumar Tiwari
Information Commissioner
Citation: Smritikana Majumder v. Office of the GM, Farakka Baggage Project, West Bengal in CIC/FBPJT/A/2024/101857; Date of Decision : 30.04.2025