Transfer of RTI application back and forth amongst various offices - CIC: Such casual conduct cause unwarranted obstruction to the Complainant's right to information; SCN issued for penalty - CIC: No malafides or deliberate omission on the part of CPIO
5 Feb, 2024CIC was irked by the shoddy conduct of the CPIO in having transferred the RTI application back and forth amongst their various offices and in turn not providing any material information - CIC: Such casual conduct tantamount to disregard for the proceedings of the CIC and also cause unwarranted obstruction to the Complainant's right to information which is in grave violation to the provisions of RTI Act; Show cause notice issued for imposition of penalty - CIC: The bench does not find any malafides or deliberate omission on the part of the Respondent
O R D E R
The instant matter was taken up in continuation of the following proceedings of the case heard and reserved for final order on 31.05.2023:
“Information sought:
The Complainant filed an online RTI application dated 02.06.2022 seeking the following information. (Complete RTI application not annexed) The CPIO, CBDT, New Delhi transferred the RTI Application to the CPIO, Pr. CCIT, New Delhi on 14.06.2022 for providing the information to the Complainant.
Further, the CPIO, Pr. CCIT, New Delhi transferred the RTI Application to the CPIO, PCIT New Delhi on 27.06.2022 to send the information available directly to the Complainant.
Feeling aggrieved and dissatisfied, the complainant approached the Commission with the instant Complaint on the ground of non-receipt of proper reply from the CPIO except mere intimation of transfer of RTI Application.
Relevant Facts emerging during Hearing:
The following were present:-
Complainant: Not present.
Respondent: Arun Kumar, ITO Ward 20 & CPIO present through intra-video conference.
The CPIO at the outset reiterated the contents of his written submission dated 25.05.2023 stating as under-
‘....the applicant Shri Anurag Agarwal filed RTI application No. CBODT/R/E/22/01388 dated on 02/06/2022 to the Central Board of Direct Taxes (CBDT) on 02/06/2022 and the same was subsequently transferred u/s 6(3) of the RTI Act 2005 and received by the Pr. Commissioner of Income Tax-20, Delhi on 29/06/20222 through the Principal Chief Commissioner of Income Tax, Delhi.
3. Inadvertently, the then Nodal Officer (RTI) /CPIO in 0/0 the Pr. Commissioner of Income Tax-20, Delhi, Shri Anil Kumar Singh, Income Tax Officer could not have transferred the RTI of the Applicant Shri Anurag Agarwal to the concerned CPIO Income Tax Officer, Ward 59(8), D-Block, Vikash Bhawan, I.P. Estate, New Delhi under the charge of the Pr. Commissioner of Income Tax-20. Delhi. This mistake is high regrettable and it is humbly submitted & prayed before your honour that this type of mistake will not occur in future.
4. Further, it is submitted before your honour that if the applicant Shri Anurag Agarwal files RTI application to the concerned CPIO Income Tax Officer, Ward 59(8), D-Block, Vikas Bhawan, I.P. Estate, New Delhi (who is posted within the charge of the Pr. Commissioner of Income Tax-20, Delhi) the same will be disposed of in accordance to the provisions of the RTI Act 2005...’
In this regard, the Commission interjected to ask the CPIO if he was in possession of a copy of complete set of RTI Application; as the Complainant had not annexed the enclosure. To this, the CPIO answered negatively and volunteered to coordinate with the Complainant to get the complete RTI Application and upon receipt of it, furnished a reply on it.
Interim Decision
At the outset, the Commission is irked by the shoddy conduct of the then CPIOS herein in having transferred the petition/ RTI request letter of the Complainant back and forth amongst their various offices without having a complete copy of the same with them and in turn not providing any material information to the Complainant till date. Moreover, the present CPIO did not even enquire from their concerned offices/ departments, about the exact status of action taken on the said petition/RTI request to facilitate relevant information to the Appellant before making oral submissions to the Commission. Such casual conduct of the CPIOs tantamount to disregard for the proceedings of the Commission and also cause unwarranted obstruction to the Complainant's right to information which is in grave violation to the provisions of RTI Act.
In view of the above, Commission directs the then CPIO (as on the date of receipt the same with them and in turn not providing any material information to the Complainant till date. Moreover, the present CPIO did not even enquire from their concerned offices/ departments, about the exact status of action taken on the said petition/RTI request to facilitate relevant information to the Appellant before making oral submissions to the Commission. Such casual conduct of the CPIOs' tantamount to disregard for the proceedings of the Commission and also cause unwarranted obstruction to the Complainant's right to information which is in grave violation to the provisions of RTI Act.
In view of the above, Commission directs the then CPIO (as on the date of receipt of instant RTI application) through the present CPIO to appear before the bench on 19.06.2023 via video-conferencing (time and venue of hearing will be intimated separately) to show cause as to why maximum penalty should not be Imposed on him/her under Section 20 of the RTI Act for not giving timely response and not pointing out the factum of missing attachment with the petition/ RTI request. CPIO is also directed to send a copy of all supporting documents upon which he/she chooses to rely upon during the hearing to the Commission at least two days prior to the hearing via email. If any other persons are responsible for the said omission, CPIO shall serve a copy of this order to such other persons and direct their presence before the bench.
Further, the present CPIO is also directed to appear before the bench on the aforesaid date and time along with the concerned CPIO with relevant inputs regarding the instant case.
Registry attached with this bench is directed to schedule a video conferencing slot and time for the hearing on the aforesaid date and issue the notice of hearing to the CPIO.
The present CPIO is directed to ensure service of this order to the then CPIO under due intimation to the Commission.
In addition to above, a copy of this order is marked to the Pr. CCIT, New Delhi to take note of and a copy of this order is marked to the Pr. CCIT, New Delhi to take note of the lax approach of the CPIOs in dealing with a simple request for information. The aimless transfer of RTI Application and the failure of CPIOs to provide any information to the Complainant within the stipulated time frame of the RTI Act and the sheer disregard of the CPIO for the proceedings of the Commission reflects upon a grossly evasive approach and raises a reasonable doubt regarding the standards of probity and transparency adopted across the offices of Respondent Public Authority.”
Proceedings of Final Order:
1. The matter was listed for hearing on 27.12.2023 in pursuance of the show-cause notice issued to the Respondent on 31.05.2023.
2. However, it transpired during the hearing that the notice issued to the Respondent was that of a fresh hearing and therefore, in the presence of the Respondent, represented by Arun Kumar, ITO & CPIO; Anil Kumar Singh, ITO & Brahm Dutt, ITO, it was informed that the notice issued on 07.12.2023 is being treated as infructuous. The presence of the officers representing the Respondent was dispensed with.
3. The matter was perused based on merits and it was observed that the CPIO vide the written submissions filed on 18.12.2023 has nonetheless, reiterated the explanation tendered in writing on 25.05.2023 and verbally on 31.05.2023 for the omission observed on their part in the above Interim Order.
4. Having considered these submissions, this bench does not find any malafides or deliberate omission on the part of the Respondent and therefore is not inclined to prolong the matter further.
5. The Complaint is accordingly disposed of.
Copy of the decision be provided free of cost to the parties.
Sd/-
(Anandi Ramalingam)
Information Commissioner
Citation: Anurag Agarwal v. Income Tax Department, Complaint No. CIC/CBODT/C/2022/651966; Date of Decision: 29.12.2023