Central Information Commission
*****
No.CIC/OK/A/2006/00499
Dated: 31 July 2008
Name of the Appellant : Er. Ranjan Das,
S/o Shri Baba Charan Das,
Plot No. 927, Tala Sahi,
Laxmi Sagar,
Bhubaneshwar, Orissa.
Name of the Public Authority : Swami Vivekanand National
Institute of Rehabilitation Training
& Research, Cuttack.
Penalty Order
Er. Ranajan Das of the Swami Vivekanand National Institute of
Rehabilitation Training and Research, Cuttack, had filed an RTI-application with
the PIO, Swami Vivekanand National Institute of Rehabilitation Training and
Research, on 9 June 2006, for getting information about the faculty members
authorized to teach the subjects of Prosthetics and Orthotics in SVNIRTAR, as
per the norms of the University/Rehabilitation Council of India and the
qualification of the members.
2. Not getting any reply, within the stipulated period of 30 days, Shri
Ranjan Das, filed a First Appeal with the First Appellate Authority on 14 July
2006. Thereafter, the Appellant filed the Second Appeal before the Central
Information Commission. On 16.01.2007, the Commission heard the Case. The
Appellant informed the Commission that after the intervention of the
Commission, the information was provided to him. However, there was a delay
of more than six months in providing the information. During the hearing Shri
K.N. Kittur, the Public Information Officer, informed the Commission that on
receiving the RTI-application of the Appellant, he requested the head of the
Institute to direct the concerned authority to provide the information.
Accordingly, the Head of the Department, Prosthetics and Orthotics was asked
to provide the information to the Appellant. Hence, the Commission issued
Show Cause Notice, under Section 20(1) of the RTI Act, to Shri S.N. Rout, the
Head of the Department, Prosthetics and Orthotics.
3. In response to the Show Cause Notice of the Commission, Shri S.N. Route
informed the Commission that the PIO had never sent him the copy of the RTI-
application of Shri Ranjan Das. It was only after the reminder from the office of
the PIO on 3/01/2007 regarding the RTI-application; he personally collected the
application from the office of the PIO on 03.01.2007 and subsequently replied
to the applicant on 10.01.2007. Based on the facts available on the record and
explanation received from Shri M.S. Route, the Commission vide its Order dated
18.04.2007 directed the PIO, Shri Kittur to file an Affidavit before the
Commission, giving the details regarding the date on which he received the
application from the applicant and the date on which he forwarded the
application to Shri M.S. Route. The Commission also issued fresh Show Cause
Notice to upon Shri K.N Kittur, as to why penal action under Section 20(1) be
not initiated against him for his failure to comply with the provisions of the RTI
Act. Shri K.N. Kittur was directed to file the affidavit and also the explanation
to the Commission by 15.05.2007.
4. The Commission never received the explanation and the Affidavit from
Shri K.N. Kittur, the Public Information Officer of the institute. In spite of
providing the two reasonable opportunities of hearing, the PIO has failed to
provide any explanation. Hence, in the absence of any explanation and the
Affidavit by Shri Kittur and after taking into consideration of all the records and
material with the Commission, the Commission has come to the conclusion that
Shri K.N. Kittur is guilty of delay in providing information to the Applicant. The
Commission, therefore, imposes the penalty of Rs. 25,000/- on Shri K.N. Kittur,
for causing the delay of more than 100 days, in providing the information to
Shri Ranjan Das.
5. The, Director, Swami Vivekanand National Institute of Rahabilitation
Training and Research, Cuttack, is directed to ensure the compliance to of this
Order by recovering the amount of penalty from the salary of Shri K.N. Kittur in
two equal instalments and remit the same to this Commission by way of a
Demand Draft in favor of “PAO, CAT” payable at new Delhi and send it to Shri
G. Subramanian, Assistant Registrar, Central Information Commission, Club
Building, Old JNU Campus, New Delhi-110067. The amount of the first
instalment should be remitted to this Commission by 10 September 2008 and
the second instalment by 10 October 2008
6. The Commission ordered accordingly.
Sd/-
(O.P. Kejariwal)
Information Commissioner
Authenticated true copy:
Sd/-
(G. Subramanian)
Assistant Registrar
Cc:
1. Shri K.N. Kittur, IDO & Public Information Officer, S.V. NIRTAR, At;
Olatpur, B.O: Bairoi, Dist: Cuttack, Orissa-754010
2. Dr. B.M. Pradhan, Director, S.V. NIRTAR, At; Olatpur, B.O: Bairoi, Dist:
Cuttack, Orissa-754010
3. Shri Ranjan Das S/o Babaji Charan Das, Plot No. 927, Tala Sahi, Laxmi
Sagar, Bhubaneswar, Orissa
4. Officer Incharge, NIC
5. Press E Group, CIC