CENTRAL INFORMATION COMMISSION
Club Building, Near Post Office
Old JNU Campus, New Delhi 110 066.
Tel: 91 11 26161796
Decision No. CIC/SG/A/2009/001112/3896Penalty
Appeal No. CIC/SG/A/2009/001112
Show Cause Hearing:
Appellant : Mr. Krishna Bhushan Pandey
Neelam Palace, Mahavir Tola,
Ara, Bihar-802301
Respondent : Mr. Jairam Prasad
Public Information Officer
Magadh University,
Bodhgaya, Bihar
Background
:
The Appellant vide his RTI Application dated 25/10/2008 had sought information
regarding pension fixation of Mrs. Sharda Pandey vide Family Pension P.P.No. 161/85. He
has also complained that despite of several reminders he has not been provided any
information about the daily progress on his application.
The PIO vide its reply dated 07/11/2008 stated that the application has been forwarded to the
related officer/branch and the appellant would be informed as soon as any development
occurs.
No reply was received from FAA in this regard.
Second appeal was received by the Hon’ble CIC on 11/05/2009 on which decision was
pronounced on 29/06/2009.
The Facts arose in the hearing:
Both the parties were absent during the hearing. From the perusal of the papers it
appeared that the PIO had transferred the RTI application to the relevant officer in the
University. This was found to be wrong since within the public authority he should have
sought assistance under Section 5(4) of the RTI Act. Within the same public authority there is
no provision for transferring the application under Section 6(3). The PIO had also not given
the name designation and address of the officer from whom he had sought the information.
Commission’s Order:
The appeal was allowed and Respondent was found guilty of not supplying the
complete, required information within 30 days as required by the law. The Commission
thereby directed the PIO to provide the complete information to the Appellant free of cost
before 15/07/2009.
The Brief Facts Leading to Show Cause Hearing:
The deemed PIO was found guilty of not furnishing the information within the time
specified under sub-section (1) of Section 7 by not replying within 30 days, as per the
requirement of the RTI Act. The Commission was of opinion that PIO’s actions attracted the
penal provisions of Section 20 (1) of the RTI Act.
A showcause notice was issued to the Respondent and he was directed to give reasons to the
Commission to show cause why penalty should not be levied on him. The Respondent was
also asked to produce the proof of information submitted to the Appellant.
The Commission received a letter from the Respondent dated 22/06/2009 providing the
information to the Appellant and accepting the delay on their part because of reluctance and
negligence of Shri Ram Janam Bhagat, Assitant, Pension Section who had retained the file
since November 2008 against whom Respondent have initiated appropriate disciplinary
action.
The Commission received letter dated 20/06/2009 giving his written submissions as he stated
that he will not be able to appear before the Commission.
Relevant Facts During the Show Cause Hearing on 03/08/2009:
The following were present.
Appellant: Absent
Respondent: Mr. Jairam Prasad, PIO
The PIO states that he had sought the assistance of Mr. Ram Janam Bhagat, Assistant Pension
Section under Section 5(4) on 07/11/2008. Mr. Ram Janam Bhagat did not provide any
information until the order from Central Information Commission. After of the order of CIC
was received information was provided was provided by Mr. Ram Janam Bhagat which was
sent to the Appellant on 22/06/2009. This shows that the Appellant was owed Rs.488549/- in
terms of arrear for the period 01/04/1997 to 31/12/2007. It appears the interest on this has not
been calculated and it is hoped that at the very least the University will calculate the interest
on the amount not paid and give it to the family of the deceased Late Mr. Jagadanand Pandey.
It is necessary that all public authorities show some sensitivity in dealing with case of
pensions since not giving the proper details of a retired senior citizen is one of the worst
crime that public authority seem to commit a routinely with no care.
Decision:
In view of the statement of the PIO the Commission issues a show cause notice to Mr. Ram
Janam Bhagat to show cause why penalty under Section 20(1) of the RTI Act at Rs.250/- per
day subject to maximum of Rs.25000/- should not be levied on him for the period of delay.
Mr. Ram Janam Bhagat will present himself before the Commission on 4 August 2009 at
11.30am with his written submissions.
Hearing On 4 August 2009 :
Mr. Ram Janam Bhagat appeared with registrar Mr. D. K. Yadav and PIO, Mr. Jairam Prasad.
The Commission asked Mr. Ram Janam Bhagat if he had received the RTI application on
07/11/2008. He said he had received it and that he had difficulty in locating the file since
there were 2300 pensioners and he had to search among 2300 files. The Commission told him
that even if one had to search for one file from 2300 files it would not take more than one or
two days and asked him to explain for reason of taking for 6 months to give the information.
He offers no explanation. He has also not brought any written explanation. Hence it appears
that there is no reasonable cause for the delay in providing the information. Hence the
Commission find it a fit case for levying a penalty of Rs.250/- per day as per Section 20 (1)
of the RTI Act subject to maximum Rs.25000/-. Since the delay is far more than 100 days,
the maximum penalty of Rs.25000/- is imposed on Mr. Ram Janam Bhagat.
The Vice Chancellor, Magadh University, Bodhgaya, Bihar is directed to recover the amount
of Rs. 25000/- from the salary of Mr. Ram Janam Bhagat 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 at the rate of Rs.5000/ per month every month
from the salary of Mr. Ram Janam Bhagat.
The amount may be deducted at the rate of Rs.5000/ per month every month from the salary
of Mr. Ram Janam Bhagat and remitted by the 10thof every month starting from 10
September, 2009. The total amount of Rs.25000/- will be remitted by 10 January 2010.
Shailesh Gandhi
Information Commissioner
August 4, 2009
CC:
1-
Mr. Ram Janam Bhagat
Magadh University,
Bodhgaya, Bihar
2-
Vice Chancellor
Magadh University
Bodhgaya,
Bihar
3-
Shri Pankaj K.P. Shreyaskar,
Joint Registrar and Deputy Secretary
Central Information Commission,
2nd Floor, August Kranti Bhawan,
New Delhi – 110066.