CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2009/001566/5669Penalty-2
Complaint No. CIC/SG/C/2009/001566
SHOWCAUSE HEARING:
Complainant : Rajeev Lala,
Room 123, Mandavi Hostel,
JNU, New Delhi- 110067
Respondent : Ms. Pramodini Varma
Principal,
Bharti College,
C-4 Janakpuri,
New Delhi- 110058.
Background
:
The Commission received a complaint dated 12 November 2009 from Mr. Rajeev Lala in which
he stated that he had visited the website of Bharti College and he alleged that the College had not
displayed the information as required by Section 4 of the RTI Act. All Public Authorities were
required to comply with the Section 4 disclosures by 12 October, 2005 as stated at Section
4(1)(b) of the RTI Act. The Commission had sent a demi-official letter on 28 May 2009 to
remind the Principal of the College regarding this obligation. A seminar was held on 7 June 2009
at Delhi University to explain the relevance and importance of Section 4 disclosure to the
Principals and PIOs of colleges of the Delhi University. At the Seminar, the Vice Chancellor and
the Information Commissioner had urged all colleges to ensure that the Section 4 requirements
were complied by 15 August 2009. The Commission again sent reminder letters in this regard to
the College on 12 August 2009. In this letter it was stated that if Section 4 of the RTI Act
remained un-implemented, the Commission would be constrained to use the powers under the
RTI Act and initiate proceedings against erring institutions.
The Commission perused the website of the College and found that the College had not met its
obligations with regard to suo-moto disclosures under Section 4 till date. In view of its repeated
violation of the law and refusal to pro-actively disclose the details as per Section 4 of the RTI
Act, the Commission decided to institute an enquiry under Section 18 (2) of the Act. The
Commission decided to hold show cause hearing in this matter on 24 November 2009 at 3.30
pm. The Respondent, as the head of the public authority was directed to appear before the
Commission on 24 November 2009 along with his/her written submissions to the Commission
on show cause why penalty under Section 20 (1) should not be imposed on him/her for refusing
to meet his/her legal obligations under the RTI Act. He/She was informed that he/she would be
given an opportunity of giving his/her reasons orally before the Commission.
Relevant Facts emerging during Show Cause Hearing on 24/11/2009:
The following were present:
Complainant: Absent;
Respondent: Ms. Vinay Bharadwarj, PIO on behalf of Principal, Ms. Pramodini Varma;
The Respondent has brought a letter form the Principal in which she has stated that the
college regrets the delay in meeting its obligation under RTI Act. They have stated that pursuant
to the letter of the Information Commission they have just updated the website to meet the
Section-4 compliance of the college. The Respondent has brought hard copy of the Section-4
declaration in which the budget has been given sketchily. The Principal is directed to ensure a
full and proper declaration is made as required under Section -4 of the RTI Act.
The Respondent has brought hard copy of the manuals for Section-4 which again does not give
any details on the budget of the college. Inspite of repeated reminders college does not appear to
be willing to meet the Section-4 requirements of the RTI Act. Hence the Commission imposes a
penalty of Rs.5000/- on the Principal of the College, Ms. Pramodini Varma. The Principal is also
directed to comply with the direction of Section-4 completely before 30 December 2009 and sent
a compliance report of this.
Decision:
As per the provisions of Section 20 (1) of the RTI Act 2005, the Commission finds this as
a fit case for levying penalty on the Ms. Pramodini Varma, Principal. Since there has been a
delay in complying with the order of the Commission, the Commission is passing an order to
levy a penalty of Rs 5000/-.
The Chairman, Governing Body is directed to recover the amount of Rs.5000/- from the
salary of Principal 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 from the
salary of Ms. Pramodini Varma, Principal and deposited before 10th December 2009.
Shailesh Gandhi
Information Commissioner
24 November 2009
1. Chairman,
Governing Body,
C/o Bharti College,
C-4 Janakpuri,
New Delhi- 110058.
2. Mr. Pankaj K.P. Shreyaskar,
Joint Registrar and Deputy Secretary
Central Information Commission,
2nd Floor, August Kranti Bhawan,
New Delhi – 110066