CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office),
Old JNU Campus, New Delhi - 110067.
Tel: +91-11-26161796
Decision No. CIC/SG/A/2009/000792/3519
Appeal No. CIC/SG/A/2009/000792
Relevant Facts
emerging from the Appeal:
Appellant : Mr. Ved Prakash Sharma,
25, Baldev Park,
Delhi-110051
Respondent : PIO,
The Registrar, Coop. Societies, Govt of
NCT, Delhi, Old Court Building,
Parliament Street, New Delhi-11000
RTI application filed on : 26.12.2008
PIO replied : 23/01/2009
First Appeal filed on : 09.02.2009
First Appellate Authority order : 27.02.2009
Second Appeal received on : 17.04.2009
Information Sought:
The Appellant had sought for following information regarding action taken report
(exclusively initiated by good authority) in letter captioned, “Objection on 11/102008):
Name with designation of the official who has been entrusted to investigate and how much
time period was granted, follow-up report/ action of the assigned official, name and
designation of the official monitored this task, if affirmative action taken despite ample
provisions under DCS Act then what action has been taken against the guilty official, how
much time period will more be taken if action is on the pipeline.
The reply PIO:
The information was provided by the PIO on 23/01/2009 stating that Mr. VKS Chauhan
stands appointed as Enquiry Officer on 30/07/2008 with the direction to submit the inquiry
report within 90 days. He has been given extension of time to submit his report by
14/02/2009.
The First Appellate Authority ordered:
“This order will dispose of the appeal filed by Sh. Ved Rakash Sharma, appellant in respect
of his application ID No. 5675/RTI u/s 19 or the RTI Act-2005. During the proceeding held
on 25.02.2009 Sh. Ved Prakash Sharma appellant and Smt. Sarita Khanna, dealing assistant
on behalf of SPIO were present. It is found from the reply given by the S.P.I.O that all the
information available has all ready been given to the appellant.”
Relevant Facts emerging during Hearing:
The following were present:
Appellant : Mr. Ved Prakash Sharma
Respondent : Mr. D.N.Gupta, PIO
The appellant contends that the information given that ‘Mr. VKS Chauhan stands appointed
as Enquiry Officer on 30/07/2008 with the direction to submit the inquiry report within 90
days. He has been given extension of time to submit his report by 14/02/2009’ is false, since
the PIO of the same authority has informed him on 15/05/2009 “The Inquiry Officer Mr.
VKS Chauhan has not received any other complaints besides considering the complaints of
Kunjamma T. & R.K. Kaushik.” The appellant’s contention appears to be correct since if Mr.
VKS Chauhan has not been given the brief to enquire into his complaint the information
provided by the earlier PIO Mr. Ajay Kumar Sharma is false.
Decision:
The Appeal is allowed.
Mr. D.N.Gupta present PIO is directed to provide the complete information to
the appellant before 15 June 2009.
The issue before the Commission is of supplying false and misleading information by
the PIO Mr. Ajay Kumar Sharama.
From the facts before the Commission it is apparent that the PIO Mr. Ajay Kumar Sharma is
guilty of supplying false and misleading information. It appears that the PIO’s actions attract
the penal provisions of Section 20 (1) .
He will present himself before the Commission at the above address on 9 July 2009 at
2.30pm alongwith his written submissions showing cause why penalty should not be imposed
on him as mandated under Section 20 (1). He will also submit proof of having given the
information to the appellant.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi
Information Commissioner
1st June 2009
(In any correspondence on this decision, mentioned the complete decision number.)
(Rnj)