CENTRAL INFORMATION COMMISSION
*****
F.No. CIC/AT/A/2007/00676
Dated: the 4th September, 2008
Appellant : Shri Awadh Narayan Dwivedi
Respondents : Coal Mines Provident Fund Organization (CMPFO)
This appeal-cum-complaint petition has been filed by Shri Awadh Narayan
Dwivedi against Coal Mines Provident Fund Organization (CMPFO).
Appeal :
2. Upon examining the records placed before the Commission, it is noted that
information corresponding to appellant’s RTI-request dated 10.10.2006 has now been
fully provided to the appellant. Therefore, no further disclosure is required.
Appeal closed.
Complaint :
3. Notices under Section 20 (1) were issued to Shri G. Sengupta, the then CPIO,
Coal Mines Provident Fund Organization, Dhanbad and Shri K.P. Keshri (Ex-CPIO)
Dy. CME, Bharat Coking Coal Limited, Dhanbad for delays at their level.
4. Upon receiving the replies from noticees, a hearing was held on 11.06.2008 in
the presence of both CPIOs (former) viz. Shri G. Sengupta and Shri K.P. Keshri.
Appellant was also present through his representative, Shri Amar Nath Dwivedi.
5. Chronology of events in this matter is as follows : –
Events Date
RTI-application 10.10.2006
CPIO, Bharat Coking Coal Limited transferred the RTI- 13.10.2006
application to CPIO, Coal Mines Provident Fund Organization,
Dhanbad
Received in office of CPIO,Coal Mines Provident Fund 17.10.2006
Organization
st
Appellant filed his 1 Appeal before Commissioner, Coal Mines 14.12.2006
Provident Fund Organization
CPIO, Coal Mines Provident Fund Organization sought assistance 12.02.2007
of Regional Commissioner, Grade I, Dhanbad
Asst. Commissioner, Office of Regional Commissioner grade-I 22.02.2007
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sent a reply to CPIO, Coal Mines Provident Fund Organization,
and Dhanbad– Copy endorsed to appellant.
Appellant filed second appeal-cum-complaint before the 12.05.2007
Commission
CPIO, Coal Mines Provident Fund Organization furnished a reply 13.06.2007
to appellant’s 1st appeal dt. 14.12.2006
Reply by Commissioner, Coal Mines Provident Fund Organization 15.11.2007
6. During hearing, on 11.06.2008, CPIO (former), Shri G. Sengupta, Coal Mines
Provident Fund Organization, inter-alia, submitted that the appellant’s RTI-
application dated 10.10.2006 (transferred by CPIO, Bharat Coking Coal Limited)
could not be acted upon in time because the system put in place malfunctioned. There
was acute shortage of staff and accommodation for personnel. As a result, he was
gravely handicapped in functioning as CPIO.
7. On 12.06.2008, a notice for compensation of Rs. 15,000/- was issued to
Shri A.N. Bhattacharjee, Commissioner & Head of the Public Authority, Coal Mines
Provident Fund Organization for alleged systemic failure.
8. The Head of the public Authority, Shri A.N. Bhattacharjee through his written
submission dated 24.06.2008 as well as oral submission (during hearing on
8.07.2008), stated that appellant’s RTI-application dated 10.10.2006 (transferred by
CPIO, Bharat Coking Coal Limited ) “was received by Shri G. Sengupta, CPIO
(former), Coal Mines Provident Fund Organization, Dhanbad on 11.12.2006. It was
his responsibility to send the reply to CPIO, Bharat Coking Coal Limited, Dhanbad
and also to the information seeker. He did not do it; instead, on the appeal in the CIC,
New Delhi made by the information-seeker (Shri Awadh Narayan Dwivedi) Shri G.
Sengupta (former CPIO) had pleaded his ignorance, inability to administer the RTI
Section in the HQs Office of Coal Mines Provident Fund Organization, Dhanbad.
9. This is his personal lapse and not the lapse of the Appellate Authority (Shri
U.P. Kamal) and Public Authority (Shri B.K. Panda)”.
10. Commission considered the explanation given by Shri K.P. Keshri (Ex-CPIO),
Dy. CME, Bharat Coking Coal Limited. It is noted that Shri Keshri had timely acted
upon appellant’s RTI-application dated 10.10.2006. As such, no adverse conclusion
can be drawn against Shri Keshri. The penalty proceeding initiated against Shri K.P.
Keshri (Ex-CPIO), Dy. CME, Bharat Coking Coal Limited, Dhanbad is therefore
dropped.
11. As regards, penalty proceedings initiated against Shri G. Sengupta former
CPIO, Coal Mines Provident Fund Organization (presently working as a Regional
Commissioner Coal Mines Provident Fund Organization, 704-A Gandhi Nagar,
Jammu- 180 004), the explanation of Shri G. Sengupta is entirely unconvincing. The
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plea of poor office arrangement (para-6) cannot be accepted as reasonable cause for
delay in supplying to RTI application. It is, therefore, held that Shri G. Sengupta is
responsible for the delay of 62 days i.e. from 11.12.2006 to 12.02.2007.
12. In view of the above, it is ordered that a penalty of Rs.15, 500/- (Rupees
Fifteen thousand five hundred) only be imposed on Shri G. Sengupta, Regional
Commissioner Coal Mines Provident Fund Organization, 704-A Gandhi Nagar,
Jammu- 180 004.
13. The Head of the Public Authority, viz. the Commissioner, Coal Mines
Provident Fund Organization, Dhanbad is hereby directed that the amount of penalty
shall be collected in 4 equal monthly instalments of Rs. 3,875 from Shri Sengupta’s
monthly pay-bills starting October, 2008 and be credited as per the instructions in the
Annexe.
14. The head of the public authority, Shri A.N. Bhattacharjee, Commissioner,
Coal Mines Provident Fund Organization shall ensure that all recoveries are made as
directed and inform to the CIC after each monthly instalment is recovered.
15. Commission accepts the submission made by the head of the public authority
and drops the proceeding under Section 19 (8) (b).
16. Complaint is disposed of with these directions.
(A.N. TIWARI)
Information Commissioner
Authenticated by
(D.C. SINGH)
Assistant Registrar
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