Central Information Commission, New Delhi
File No.CIC/AT/A/2010/000851 & CIC/AT/C/2010/001132SM
Right to Information Act2005Under Section (19)
Date of hearing : 14 November 2011
Date of decision : 14 November 2011
Name of the Appellant : Shri Vijay Kumar Sinha
Advocate, Kant Niketan,
Chaudhary Tola, Patna, Bihar.
Name of the Public Authority : CPIO, O/o. the Accountant General (A&E)
Bihar, Birchand Patel Path,
Patna, Bihar.
The Appellant was present.
On behalf of the Respondent, Shri Ram Heth, CPIO was present.
Chief Information Commissioner : Shri Satyananda Mishra
2. We heard both these cases today through video conferencing. Both the
parties were present in the Patna studio of the NIC. We heard their
submissions.
3. In two separate RTI applications, the Appellant had sought the
photocopies of certain documents as also the permission to inspect the files
relating to the disciplinary proceedings instituted against him. The CPIO
provided the photocopies of the relevant documents but without any
CIC/AT/A/2010/000851 & CIC/AT/C/2010/001132SM
authentication. In regard to the inspection of the files, he allowed him to see
only the correspondence portion of the files and not the file noting. Against this
decision of the CPIO, the Appellant had approached the Appellate Authority.
Although the Appellate Authority had directed that the files be shown to him, the
CPIO invited him to inspect the files somewhat late and, according to the
Appellant, did not show the entire record.
4. After carefully considering the facts of the case and the submissions
made by both the parties, we are of the view that the Appellant should be (a)
provided with the photocopies of the desired documents duly signed and
authenticated by the seal of the office and (b) invited to inspect the files relating
to the disciplinary proceedings instituted against him without
suppression/deletion of any record or document including the file noting. The
CPIO is directed to provide the photocopies of the authenticated copies of the
desired documents and to invite him for inspection of the complete/uncensored
disciplinary proceeding files within 10 working days of receiving this order.
5. The appeals are disposed off accordingly.
6. Copies of this order be given free of cost to the parties.
(Satyananda Mishra)
Chief Information Commissioner
Authenticated true copy. Additional copies of orders shall be supplied against
application and payment of the charges prescribed under the Act to the CPIO of this
Commission.
CIC/AT/A/2010/000851 & CIC/AT/C/2010/001132SM
(Vijay Bhalla)
Deputy Registrar
CIC/AT/A/2010/000851 & CIC/AT/C/2010/001132SM