CENTRAL INFORMATION COMMISSION
Appeal No.CIC/WB/A/2007/01606 dated 27.11.2007
Right to Information Act 2005 - Section 19
Appellant - Shri Radha Krishna Shadangi
Respondent - Ministry of Home Affairs (MHA)
Facts
:
By an application of 23.4.07 Shri Radha Krishna Shadangi of Koraput
(Orissa) applied to the Under Secretary, MHA Rehabilitation Division Settlement
Wing seeking the following information:
“Please send my personal copy of the following:-
1. Service Book
2. E.L. Encashment Memo & Details
3. C.G.E.G.I.S. So Accumulation memo”
This application was forwarded on 23.4.07 by Senior Superintendent of
Post Offices Koraput Division to the Rehabilitation Division, MHA. However, on
not receiving a response Shri Shadangi in a letter of 26.6.07 addressed to Shri
Madhukar Gupta, Secretary, MHA pled that the information be provided to him.
He then received a response from Shri K. B. Singh US Govt. of India dated
29.8.07 responding to the RTI request by “Speed Post” as follows:
“the requisite records viz. Service Book and Personal File of
erstwhile DNK project are not readily traceable/available in the
office. It is therefore, regretted that copies of the documents from
the said record cannot be made available to you.”
Subsequently Shri K. B. Singh in his letter of 8.10.07 also responded to the
appeal by referring to the reply having already been sent vide Ministry’s letter
above of 29.8.07. Shri Shadangi has then moved an appeal before us with the
following prayer :
“In this regard I therefore request your honour to pass an
order directing the Ministry of Home Affairs, Govt of India to
supply me the Xerox copy of my required documents, service
book to enable me for taking further steps on the matter to get
back my dues and lost service as per R.T.I. 2005. I am filling1
this appeal again as per advice of O.I.C., Bhubaneswar and
obliged.”
In response to this appeal notice CPIO Shri Ashok Kumar DS, MHA has
sent us a statement indicating that “as per Ministry of Labour & Rehabilitation
(Department of Rehabilitation) letter dated 10.12.1982 (copy enclosed) the staff
of the erstwhile DNK Project who accepted the offer of appointment of NBCC for
2 years contract was not allowed the benefit of retaining lien”.”
The appeal was heard through video conference on 22.6.09. The following
are present:
Appellant at NIC studio Keraput, Orissa
Shri Radha Krishna Shadangi
Respondents at CIC Studio, New Delhi.
Shri A. K. Goyal, Jt. Secy. / FFR, MHA
Shri Ashok Kumar, DS, MHA
Shri K. B. Singh, US, MHA
Shri A. K. Goyal, Jt. Secretary FFR submitted that on accepting the position
in NBCC Shri Shadangi has resigned his position with MHA and, therefore, his
service book had not been retained, no any other document sought for. He,
however, did have the letter of resignation and the receipt for payment of all dues
including other correspondence regarding the service of Shri Shadangi with the
MHA.
On the question of delay in response, while appellant Shri Shadangi
pleaded that a penalty be imposed and paid to him, Shri K. B. Singh US MHA
submitted that the CPIO at the time of receipt of the application was Shri S. P.
Verma who has since retired. It was explained to appellant that under the law
penalty is payable to the consolidated fund of India, and not to any party in a
complaint/appeal
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DECISION NOTICE
Since the specific documents sought by appellant Shri Shadangi are not
available in the MHA FFR Division but that Ministry holds other documents
concerning the service of Shri Shadangi, such documents as are held by the FFR
Division on the subject will be sent to appellant Shri Shadangi within ten working
days of the date of issue of this Decision notice. In response to Shri Shadangi’s
plea before us in the hearing that we direct his re-engagement in the Ministry, he
has been informed that the Commission has no such authority.
The delay sought to be explained away by stating that the CPIO at that time
Shri S.P. Verma has now retired and now beyond the pale of section 20 of the
RTI Act. However, we find that in fact a response to the letter has been sent on
29.8.07 by none other than Shri K. B. Singh, US who is still in service. We are
not aware of the date when Shri K. B. Singh assumed office and, therefore,
became responsible for providing the information as CPIO. It is quite possible
that on assuming office the present RTI application has not been brought to his
notice. However, there is no application for response on 29.8.07, unless it is
assumed that the appeal of 26.6.07 had come to his notice. This appeal had
been posted from Jeypore (Korapet) on 28.6.07, the date on which it is stamped
in Orissa Postal Circle. CPIO Shri K. B. Singh US MHA will, therefore, show
cause why he should not be held liable from the date of receipt of the appeal
notice, which would have made the answer to the information sought due by
29.7.07, for a penalty of Rs. 250/- per day upto 29.8.07 when the response was
actually sent, amounting to Rs. 7750/- should not be imposed on him under sub
sec. (1) of Sec. 20 of the RTI Act. He may do this in writing by 6.7.2009.
The appeal is thus allowed in part. Other than a possible penalty there will
be no costs.
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Announced in the hearing. Notice of this decision be given free of cost to the
parties.
(Wajahat Habibullah)
Chief Information Commissioner
22.6.2009
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.
(Pankaj Shreyaskar)
Joint Registrar
22.6.2009
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