In the Central Information Commission
at
New Delhi
CIC/AD/A/2010/000144
Date of Decision : July 25, 2011
Parties:
Appellant
Shri Mahendra Kumar Gupta
B205,
Plot No.11
Sahara, Sector 6
Dwarka
New Delhi 110 075
Respondent(s)
CPIO,
Prasar Bharati
News Services Division
All India Radio
New Delhi
Information Commissioner : Mrs. Annapurna Dixit
_______________________________________________________________________
Decision Notice
The Commission, after perusal of the file/s in question is of the opinion that no action under RTI Act is
warranted in the instant matter. The case is accordingly closed.
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2010/000144
ADJUNCT TO ORDER DATED 08.02.2011
1. In the captioned matter, based on the facts and the submissions of the parties, the Commission
passed the following order on 08.02.2011,
“…..the Commission in the light of the foregoing facts and submissions of the
case, directs the CPIO to submit a fresh affidavit giving the exact and
correct information as already directed by the Commission by the
earlier order dated 27.08.2010. The Commission further directs that a
fresh and appropriate FIR to be filed again for the loss of
files/documents containing the relevant information pertaining to the
period post 2007 as sought by the Appellant. Moreover, considering the
fact that the CPIO’s acts/omissions were negligent enough to have
caused delay and deprivation of the fundamental right to information to
the Appellant, the Commission directs the CPIO to pay a sum of Rs.
7,000/ as Compensation for the detriment/mental harassment suffered by
the Appellant. In view of the fact that the concerned officer/s of the
Public Authority have already retired, therefore, no penalty can be
imposed on the concerned retired officers under the RTI Act and also
since no penalty proceedings can be initiated and case does not merit
invocation of Rule 8 or Rule 9 of the CCS (Pension) Rules, the
undersigned directs the Appellate Authority with the powers vested in
her under Section 18(2) of the RTI Act to enquire into this matter and
in the absence of the retired CPIO to give strict warnings to all the
staff, who are found even indirectly connected with this case about the
need for ensuring strict compliance with the Commission’s orders, under
intimation to the Appellant. All information to be provided by
20.3.2011 as also the compensation directed by the Commission……”
DECISION
2. Subsequently, the Commission received a communication dated 21.03.2011 from the Respondent
seeking additional time to complete compliance of the directions of the Commission in the
captioned order. The Commission accordingly granted additional time to conduct the enquiry by
20th April 2011 and compliance report to be submitted by 21st April 2011. The Public Authority was
further directed to compensate the Appellant by 31st March 2011. The CPIO by a subsequent letter
dated 24.03.2011 intimated the Commission that Rs. 7,000/ had been sanctioned and approved
by the competent authority, as compensation to be paid to the Appellant in terms of the
aforementioned order of the Commission.
3. The Respondent sent another communication dated 18/19.04.2011 submitting the action taken
report as directed by the CIC in its order dated 08.02.2011. The submissions concluded the factual
position that all relevant documents pertaining to the engagement and payments made to the
Appellant are available for the period post 2007, which may be inspected by the Appellant.
However, the CPIO also submitted in his said reply dated 18/19.04.2011 that facts indicate that
probably no file was ever created relating to the empanelment of Casual Steno and their payment
records, as is also substantiated from the affidavit of the earlier CPIO. The present CPIO in his
letter also admitted that nothing was communicated in writing to Sh. M K Gupta about his
shortcomings during his engagement as a casual steno. The exact factual position, as stated
hereinabove has been reiterated by the CPIO in a latest affidavit dated 19.04.2011 placed on
record in compliance with the CIC order dated 08.02.2011. In addition the CPIO stressed that
the compensation of Rs. 7,000/ as directed by the CIC, has already been paid vide Cheque of
even number dated 29.03.2011. The CPIO also placed the memorandum dated 18.04.2011 issued
by the First Appellate Authority to ensure proper maintenance of records as per provisions of AIR
Manual and GFR etc. on record alongwith his submissions dated 18/19.04.2011.
4. The Appellant filed an application dated 05.05.2011 stating that the CIC order had not been
completely complied with in as much as the memo issued by the First Appellate Authority failed to
give strict warnings to the staff but simply gave directions for record keeping. It has further been
contended by the Appellant that the copies of the said memorandum have not even been sent to
the officers responsible for the delay and lapse. Even the FIR is alleged to be treated merely as a
formality with no intention of taking the issue to its logical conclusion. The Appellant prayed that
disciplinary action be initiated against the Appellate Authority for the acts as stated above and also
for not sending the letter received from the Delhi Police. The Appellant filed another application
dated 03.05.2011 invoking provisions of Section 340 of the Cr.PC read with Sections 191 and 193
of the IPC. This application is rejected outrightly since the Commission does not have the
jurisdiction to deal with criminal jurisprudence.
5. It is observed that information as was available and could be provided to the Appellant, has already
been provided. In so far as the erstwhile CPIO is concerned, he is no longer in service and hence
no penal action can now be taken against him. The FIR related letter as sought by the
Appellant, may be provided to him. In view of the fact that no further action can be taken nor
remedy provided under operation of the RTI Act 2005, the matter is treated as closed.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G. Subramanian)
Deputy Registrar
Cc:
1. Shri Mahendra Kumar Gupta
B205,
Plot No.11
Sahara, Sector 6
Dwarka
New Delhi 110 075
2. CPIO,
Prasar Bharati
News Services Division
All India Radio
New Delhi
3. Officer incharge, NIC