Central Information Commission
CIC/AD/C/2009/000735
Dated November 20, 2009
Name of the Applicant : Shri M.P.Singh
Name of the Public Authority : M/o Environment & Forests
Background
1. The Applicant filed an RTI application dt.5.5.09 with the CPIO, MoEF seeking
information/copies against 5 points for the period 1.1.06 to 15.5.09 relating to interest
amounting to Rs.28752 on account of delayed payment of gratuity, antedating
selection grade scale from 1.1.05 to 1.1.02, grant of addl. Pay for holding more than 2
cadre post simultaneously for more than one year. On not receiving any reply, he
filed an appeal dt.22.6.09 with the Appellate Authority reiterating his request for the
information. On still not receiving any reply, he filed a complaint dt.24.7.09 before
CIC. The Commission vide its order dt.30.9.09 directed the CPIO to provide the
information to the Applicant by 30.10.09 and also to respond to the showcause notice
issued to the CPIO by the Commission for the delay in supply of information, by
5.11.09.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing
on November 20, 2009.
3. Shri M.T.George, CPIO & Section Officer represented the Public Authority.
4. The applicant was heard through audio.
Decision
4 The Commission received an explanation to the showcause notice from Shri
M.T.George, Respondent CPIO dt.5.11.09 stating that the RTI application was
received by Shri Vivek Saxena, Director, the then CPIO on 8.5.09 and it was marked
to him after he joined . The case was examined by him and then sent to the Under
Secretary (IFS-I) on 22.5.09 who in turn submitted the case to Director (IFS)(link
officer to Director(AGMUT) the then CPIO who was away on tour). Director (IFS)
marked the case to Director(AGMUT) on 1.6.09. No orders were passed by the then
CPIO on the file. However, the then CPIO gave oral instructions to Shri M.T.George to
process the pending representations of the Complainant. He further added in his letter
that the information/copy of the documents sought by the Complainant in his
application dt.5.5.09 relate to official note sheets vide which certain representations
submitted by him were processed. Since the representations referred to in the
application were not processed/decided, there were no office notes copies of which
could have been provided to the Complainant. Processing of the representations
referred to by the Complainant in para 4(1) () & (b) of the application was initiated
and submitted only on 31.8.09 and not during the period for which the Complainant
has sought information. However, the case could not be further processed as a CAT
case relating to the matter was in its final stages of adjudication. The matter was
finally disposed off by the Hon’ble Tribunal on 24.9.09 and necessary orders in
compliance with the directions of the Hon’ble Tribunal were issued on 30.10.09. In
compliance of the CIC order dt.30.9.09, authenticated copy of the available documents
were furnished to the Complainant on 30.10.09. the Respondent further added that
he has been designated as CPIO only in the month of July 2009.
5. The Commission after hearing the submission of the Respondent holds that available
information has bee provided to the Complainant and drops the penalty proceedings
initiated against him. However, Shri Vivek Saxena, the then CPIO is directed to show
cause why a penalty of Rs.250/- per day (Maximum Rs.25000) should not be levied on
him for not providing information to the Applicant within the stipulated time as
prescribed under the Act. He is directed to submit his explanation in person on
23.12.2009 at 11.30 am
6. The Commission also observed that the designated CPIO in the instant case is of the
rank of a Section Officer. The Commission under the authority vested u/s 25(5) of
the RTI Act directs the Appellate Authority , Ministry of Environment & Forests to
ensure that only those officers who are not below the rank of Under Secretary are
designated as CPIOs. The name and designation of the new CPIOs may be intimated
to the Commission by 18.12.09.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G.Subramanian)
Asst. Registrar
Cc:
1. Shri M.P.Singh, IFS(Retd.)
Prothrapur
Opp. Syndicate Bank
P.O. Garacharma
Port Blair – 744 105
2. The CPIO
Ministry of Environment & Forests
Paryavaran Bhavan
CGO Complex
Lodhi Road
New Delhi 110 003
3. Shri Vivek Saxena
Director
Ministry of Environment & Forests
Paryavaran Bhavan
CGO Complex
Lodhi Road
New Delhi 110 003
4. Officer incharge, NIC
5. Press E Group, CIC