Central Information Commission
Room No.296, II Floor, B Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi
110066
Telefax:01126180532 & 01126107254 websitecic.gov.in
Appeal/Complaint: No. CIC/DS/A/2009/000084
Appellant /Complainant : Shri S.K. Gera, Delhi
Public Authority : National Commission for Women,
Delhi
(Ms. Sundari Subramaniam Pujari, Jt.
Secy., AA)
Date of Hearing : 18 /06/2010
Date of Decision : 18 /06/2010
Facts
:
1. The appellant Shri S.K. Gera vide his RTI application dated nil was received by
CPIO, National Commission for Women on 20.8.2009. Through this application the
appellant sought information regarding action taken on his application dated
23.6.2009, 20th & 28th July, 2009 and 3rd. & 13th August, 2009 requesting for issue of
last pay certificate. The appellant sought to know the date of forwarding the LPC to
DDO, Ministry of Steel and reasons for withholding the same along with the name of
the officers responsible for keeping it pending along with rules under which LPC had
been withheld/delayed.
2. Not receiving response, the appellant preferred first appeal before the FAA
dated 25.9.2009 which too did not get him any response. He has preferred the appeal
before the Commission where it was listed for hearing under sections 18 & 19 of the
RTI Act.
3. The matter was heard today. Both parties were present as above.
4. In the written submission the respondents stated that the RTI application was
forwarded to the custodian of the information namely SO(Admn.)/DDO Shri V.K.
Asthana on 21.8.2009 who forwarded it on the same day to Shri S.C. Rana, Assistant
and also copy was forwarded to DDO Shri B.K.B.Thengaman. Similarly the First
appeal was also forwarded to Shri S.C. Rana on 1.10.2009. Subsequently, reminders
were issued to Shri Rana dated 9.10.2009, 3.2.2010 and 5.2.2010 by the CPIO. Reply
was received from the Office of DDO on 11.2.2010 informing that the relevant
information had been forwarded to the Administration Section of the Commission for
further necessary action.
5. The deemed CPIO in this case Shri S.C. Rana has till date not provided any
information to the CPIO or FAA.
6. The appellant has provided a copy of letter dated April, 2010 (no date is given)
signed by DDO vide which he has been provided information regarding LPC, due
drawn statement and cheque dated 21.4.2010 for Rs. 16,390/ as arrears of 6th
Central Pay Commission. It was submitted at the hearing that this letter should have
been dated 26.4.2010.
Decision
7. It is observed that this is a case of extreme systematic failure of the
Organization where it was considered adequate to simply send reminders to the
Deemed CPIO. No effort was made by the CPIO and FAA to communicate directly
and in person with the holder of the information within their own Organization to
ensure a timely and proper response to the appellant. The Secretary to the
Commission may revisit procedure currently being followed within the Organization for
handling RTI applications and take action to strengthen the same. It is also observed
that there is no malafide intention on the part of the CPIO or the deemed CPIO in
denying and delaying information for which also respondents have deeply regretted at
the hearing. Accordingly, it is directed that the information sought by the appellant in
case it is not fully covered by the letter dated April, 2010 may be provided to the
appellant within one week of the receipt of this order.
8. Ordered as above.
(Smt. Deepak Sandhu)
Information Commissioner (DS)
Authenticated true copy:
(T.K.Mohapatra)
Under Secretary & Dy. Registrar
Copy to:
1. Shri S.K. Gera,
UDS, Room No. 393A,
M/o Steel, Udyog Bhawan,
New Delhi.
2. The CPIO,
National Commission for Women
4, DDU Marg,
New Delhi110002.
3. The Appellate Authority,
National Commission for Women
4, DDU Marg,
New Delhi110002.
4. Secretary,
National Commission for Women
4, DDU Marg,
New Delhi – 110002.