Central Information Commission Judgements

Shri.Rajesh Kumar vs Ministry Of Culture on 29 June, 2011

Central Information Commission
Shri.Rajesh Kumar vs Ministry Of Culture on 29 June, 2011
                        CENTRAL INFORMATION COMMISSION
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                                                       Decision No. CIC/SM/A/2011/000381/SG/13173
                                                               Appeal No. CIC/SM/A/2011/000381/SG

Relevant Facts

emerging from the Appeal:

Appellant : Mr. Rajesh Kumar
Surveyor Officer, Indian Archeological Survey,
2nd Floor, Picup Bhawan, Gomati Nagar,
Lucknow-10, Uttar Pradesh

Respondent : Mr. Ashish Kaushal
Central Public Information Officer & Superintending Surveyor
Survey of India, Government of India
Office of the Director
East Uttar Pradesh Geospatial Data Centre,
B-2, 2nd Floor, PICUP Bhawan,
Vibhuti Khand, Gomati Nagar,
Lucknow, U.P.

RTI application filed on                : 15/09/2010
Reply of the PIO                        : 01/10/2010 & 12/10/2010
First appeal filed on                   : 13/10/2010
FAA order                               : 08/11/2010
Second appeal received on                : 01/12/2010

Information sought in the RTI Application :

1. How much amount of TPTA has been received till date through Dir. Shri Sanjay Kumar ?

2. If there is any audit objection in regard to the use of the Govt. vehicles by the afore mentioned
officer for personal works, then provide the attested photocopy of the objection letter

3. If the recovery of TPTA amount is mentioned in the abovementioned audit report and the same
has been returned by the abovementioned officer then provide the copy of the concerned receipt in
this regard.

Reply of the PIO dated 01.10.2010 :

1. The total amount of TPTA received through Dir. Shri Sanjay Kumar is available in the wages bill
of the concerned month. The copy of the same which is available in 442 pages may be sought by
depositing the fees in the office as mentioned under the RTI Act.

2. The letter related to the audit objection report is of 18 pages. The copy of the same may be sought
by depositing the fees in the office as mentioned under the RTI Act.

3. No order has been received from the Surveyor General of India in connection to the recovery of
the TPTA amount in the audit report.

Reply of the PIO dated 12.10.2010 :

The fees must be deposited in order to provide the documents as already mentioned by the PIO letter
dated 01.10.2010. Drawing conclusions and compilations on the basis of the documents is not the work of
this office.

Grounds for First appeal:

Information not provided as per the RTI application.

FAA order:

The appellant may obtain the documents and seek the desired information by paying a fees of Rs. 920/- to
the CPIO/

Grounds for Second appeal:

The information sought for has not been provided yet.

Relevant Facts emerging during Hearing:

The following were present:

Appellant: Mr. Rajesh Kumar on video conference from NIC-Lucknow Studio;
Respondent: Mr. Ashish Kaushal, Central Public Information Officer & Superintending Surveyor;

The PIO is directed to give the page of each month in which the amount of TPTA is available for
Mr. Sanjay Kumar, Director to the Appellant. As regards query-2 the PIO has informed the appellant that
he should pay the requisite fee, which he has not done. If the appellant wants information with regards to
query-2 he will pay the additional fee as indicated by the PIO. As regards query-3 information has been
provided to the appellant by the PIO.

Decision:

The Appeal is allowed.

The PIO is directed to provide information on query-1 as directed above to the
Appellant free of cost before 15 July 2011.

This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.

Shailesh Gandhi
Information Commissioner
29 June 2011
(In any correspondence on this decision, mention the complete decision number. (VV)