CENTRAL INFORMATION COMMISSION
.....
F.No.CIC/AT/C/2007/000455
Dated, the 30th October, 2009.
Complainant : Shri Devesh Bhatt
Respondents : Department of Financial Services
This complaint dated 22.10.2007 filed by Shri Devesh Bhatt is
related to his RTI-application dated 16.08.2007, which according to the
complainant, CPIO, Ministry of Finance never replied.
2. During the hearing on 26.10.2009, through videoconferencing
(VC), in which the complainant was present at NIC VC facility at
Ahmedabad and the respondents ⎯ represented by Shri Amrik Singh,
Under Secretary and Shri R.S. Bora, Section Officer ⎯ were present at
CIC’s New Delhi office, CPIO, Shri Amrik Singh stated that they were
willing to provide to the complainant all information relating to his
RTI-application, which was as follows:-
“We draw your attention to our notice dated 30th Dec. 2006
inter-alia, addressed to the Secretary, Ministry of Finance, Govt.
of India, New Delhi u/s 80 of Code of Civil Procedure, 1908
claiming compensation of Rs.33,00,000/- (Rupees Thirty three
Lacs only) from Shri S.T. Mahadik, Presiding Officer, Debts
Recovery Tribunal, Ahmedabad and Govt. of India. We request
you to provide us with the following information in respect of
the aforesaid notice.
(i) When was this notice received by Ministry of Finance?
(ii) When was this notice put up to the Secretary, Ministry of
Finance?
(iii) What was the decision taken by the Secretary, Ministry of
Finance?
(iv) When was the decision of Secretary, Ministry of Finance
communicated?”
3. It is directed that respondents provide the information to the
complainant within one week of the receipt of this order.
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4. As regards deemed-refusal of complainant’s RTI-application,
respondents explained that this occurred on account of the fact that
the Section 80 CPC notice referred to by the complainant in his
RTI-application could not be located and the file was circulated from
one department to another for locating it. By the time the
complainant’s Section 80 notice was received from the Debts Recovery
Tribunal, over four months had already lapsed. No reply was provided
to the complainant even then. The first time any response to these
queries was furnished was when respondents replied to the CIC notice
dated 05.08.2008 through their communication dated 14.08.2008.
5. It is obvious that this matter has suffered considerable delay at
several levels. Even if the respondents’ reason for delay that
complainant’s Section 80 CPC notice was not traceable for considerable
length of time, is conceded, it is yet unclear as to why when the file
containing the above notice was located on 12.12.2007, no reply was
furnished to the complainant. The respondents corresponded with the
complainant only after they received the notice from CIC.
6. I find that the reason for delay in this matter is poor maintenance
of record in the two departments, viz. Department of Financial Services
and the Debts Recovery Tribunal and, a certain amount of confusion
about whether such an information was liable for disclosure. But rather
than subject the matter to such gross delays, the CPIO could have done
well to take the complainant into confidence about the action he was
taking to identify the record.
7. I do not wish to initiate any penalty proceedings against the CPIO
given the circumstances of this case which raises a reasonable belief
that there was no deliberate attempt to withhold information from the
complainant, I think complainant is still entitled to receive
compensation for the detriment he suffered on account of the
substantial delays.
8. It is, therefore, directed that notices may issue to the heads of
the departments (the Secretary, Department of Financial Services and
the Presiding Officer, Debts Recovery Tribunal-I, Ahmedabad), repeated
to the Appellate Authorities and the CPIOs, to show cause as to why a
compensation of Rs.5000/- should not be authorized under Section
19(8)(b) to the complainant for the detriment he suffered on account of
delays in this matter.
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9. Matter disposed of in the interim.
10. Copy of this direction be sent to the parties.
( A.N. TIWARI )
INFORMATION COMMISSIONER
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