CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2009/001566/5669Penalty-4
Complaint No. CIC/SG/C/2009/001566
SHOWCAUSE HEARING:
Complainant : Rajeev Lala,
Room 123, Mandavi Hostel,
JNU, New Delhi- 110067
Respondent : Dr. Satnam Kaur
Principal,
Mata Sundri College for Women,
Mata Sundri Lane,
New Delhi-110002.
Background
:
The Commission received a complaint dated 12 November 2009 from Mr. Rajeev Lala in
which he stated that he had visited the website of Mata Sundri College for Women and he
alleged that the College had not displayed the information as required by Section 4 of the
RTI Act. All Public Authorities were required to comply with the Section 4 disclosures
by 12 October, 2005 as stated at Section 4(1)(b) of the RTI Act. The Commission had
sent a demi-official letter on 28 May 2009 to remind the Principal of the College
regarding this obligation. A seminar was held on 7 June 2009 at Delhi University to
explain the relevance and importance of Section 4 disclosure to the Principals and PIOs
of colleges of the Delhi University. At the Seminar, the Vice Chancellor and the
Information Commissioner had urged all colleges to ensure that the Section 4
requirements were complied by 15 August 2009. The Commission again sent reminder
letters in this regard to the College on 12 August 2009. In this letter it was stated that if
Section 4 of the RTI Act remained un-implemented, the Commission would be
constrained to use the powers under the RTI Act and initiate proceedings against erring
institutions.
The Commission perused the website of the College and found that the College had not
met its obligations with regard to suo-moto disclosures under Section 4 till date. In view
of its repeated violation of the law and refusal to pro-actively disclose the details as per
Section 4 of the RTI Act, the Commission decided to institute an enquiry under Section
18 (2) of the Act. The Commission decided to hold show cause hearing in this matter on
24 November 2009 at 3.30 pm. The Respondent, as the head of the public authority was
directed to appear before the Commission on 24 November 2009 along with his/her
written submissions to the Commission on show cause why penalty under Section 20 (1)
should not be imposed on him/her for refusing to meet his/her legal obligations under the
RTI Act. He/She was informed that he/she would be given an opportunity of giving
his/her reasons orally before the Commission.
Relevant Facts emerging during Show Cause Hearing on 24/11/2009:
The following were present:
Complainant: Absent;
Respondent: Dr. Satnam Kaur, Principal;
The Respondent states that they did put up some details on the website on
23/11/2009. Inspite of repeated reminders college did not meet with the Section-4
requirements of the RTI Act. Hence the Commission imposes a penalty of Rs.5000/- on
the Principal of the College, Dr. Satnam Kaur, Principal. The Principal is also directed to
comply with the requirements of Section-4 completely before 30 December 2009 and
sent a compliance report of this.
Decision:
As per the provisions of Section 20 (1) of the RTI Act 2005, the Commission
finds this as a fit case for levying penalty on the Dr. Satnam Kaur, Principal. Since there
has been a delay in complying with the order of the Commission, the Commission is
passing an order to levy a penalty of Rs 5000/-.
The Chairman, Governing Body is directed to recover the amount of Rs.5000/-
from the salary of Principal and remit the same by a demand draft or a Banker’s Cheque
in the name of the Pay & Accounts Officer, CAT, payable at New Delhi and send the
same to Shri Pankaj K.P. Shreyaskar, Joint Registrar and Deputy Secretary of the Central
Information Commission, 2nd Floor, August Kranti Bhawan, New Delhi – 110066. The
amount shall be deducted from the salary of Dr. Satnam Kaur, Principal, Principal and
deposited before 10th December 2009.
Shailesh Gandhi
Information Commissioner
24 November 2009
1.Chairman,
Governing Body,
C/o Mata Sundri College for Women,
Mata Sundri Lane,
New Delhi-110002.
2. Mr. Pankaj K.P. Shreyaskar,
Joint Registrar and Deputy Secretary
Central Information Commission,
2nd Floor, August Kranti Bhawan,
New Delhi – 110066