Central Information Commission
2nd Floor, August Kranti Bhawan,
Bhikaji Cama Place, New Delhi - 110 066
Website: www.cic.gov.in
(Adjunct to Decision No.4859/IC(A)/2009 dated 17/12/1009)
Decision No.5059/IC(A)/2010
F. No.CIC/MA/A/2009/000654
Dated, the 25th January, 2010
Name of the Appellant: Smt. Patel Kokilaben Dineshbhai
Name of the Public Authority: O.N.G.C.
Decision: i
1. In response to the show cause notice issued vide our Decision
No.4859/IC(A)/2009 dated 17/12/2009 in respect of imposition of penalty and
award of compensation, the following were present for the hearing on 21/1/2010:
Appellant:
(i) Smt. Patel Kokilaben Dineshbhai
Respondents:
(ii) Sh. A.K. Jain, CPIO
(iii) Sh. K.P. Verma, DGM (HR)
(iv) Sh. J.K. Bodh, GM (Legal)
(v) Sh. A.K.R. Modh, Chief Engineer (Prodn.)
(vi) Sh. G. Fernandes, M (F & A)
(vii) Sh. George W Kerketta, Manager (HR)
2. In the course of hearing, the following emerged from the oral and written
submissions made by the parties, particularly the respondents:
(i) The respondents have made sincere efforts to search and trace the
document (Panchnama and Agreement), which has gone missing, since
2000; and, the appellant was well aware of this incident.
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“If you don’t ask, you don’t get.” – Mahatma Gandhi1
(ii) The official who dealt with the case relating to the hiring of
appellant’s land on rent has retired. It was therefore not possible to
ascertain and verify the circumstances under which the document in
question was misplaced or removed from the concerned file. The enquiry
committee in its report in this regard is clueless. The respondents have
asserted that there was no malafied intentions.
(iii) None of the officials, identified in the aforementioned decision, were
associated with the process of preparation and handling of documents
(rent agreement). Nor they were posted in the concerned office during
which the incident of loss of document occurred. All the officials, who are
identified in the show cause notice, are serving in the concerned office,
since 2005-06, while the loss of document was reported in 2000. There
is, therefore, no malafied intentions attributable to these officials for
destruction/loss of the documents in question.
(iv) The appellant has not been cooperating with the respondent for
preparation of a fresh rent agreement. An attempt made in this regard
during the hearing in the Commission also failed on the ground that the
appellant insisted for incorporation of a clause in the rent agreement for
providing jobs for the appellant’s dependants whereas respondents were
unable to accede to such requests owing mainly to lack of a policy in this
regard.
(v) The respondents have regularly paid rent for the use of appellant’s
land ever since the agreement was reached between the parties. The
appellant has no grievance with regard to the payment of rent.
(vi) In pursuance of the Commission’s advice u/s 25(5) of the Act, the
respondent has duly initiated the process of improvement in its record
management.
3. In view of the foregoing, we hold that none of the officials, including the
CPIO, who were present during the hearing are responsible for loss of the
documents in question. They were neither associated with the preparation of the
Panchnama and Agreement nor attached with the concerned office, which was
expected to keep the records. The officials have also made sincere efforts to
reconstruct the document. But, the appellant has not been cooperating with
them on one pretext or the other. An attempt made by this Commission during
the hearing also proved to be futile. These identified officials have no malafied
intentions to deprive the appellant of the information asked for by her. Therefore,
the penalty proceedings initiated against them u/s 20(1) of the Act is dropped.
4. The appellant has not been cooperating with the respondents for the
preparation of the fresh rent Agreement. She has been receiving the agreed
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amount of rent. However, had the document in question was properly
maintained and preserved on the basis of which the rent was regularly paid, the
appellant would not have suffered from all kinds of harassment in seeking a copy
of the document, which was never provided to her, for which she was entitled to.
This is due mainly to system’s failure in the record management.
5. We are of the view that over a period of last ten years or so, the appellant
has variously suffered in accessing the document which contained the relevant
provision, as alleged, about employment for the dependent of the appellant. In
absence of the original document such claims cannot be verified. The appellant
has the right to possess a copy of the rent agreement, which she is deprived due
to an organisational failure to properly preserve the document. We therefore
award an amount of Rs.25,000 (Rupees Twenty five thousand only) u/s 19(8)(b)
of the Act as compensation to the appellant for loss of time and resources
including mental harassment due to unacceptable negligence in record
management of the respondent and the detriment suffered by the appellant. The
Chairman, ONGC, on behalf of the respondent, ONGC, is therefore directed to
arrange to pay the amount of Rs.25,000/- (Rupees twenty five thousand only) as
compensation to the appellant, through a bank draft in favour of Smt. Patel
Kokilaben Dineshbhai, on or before 15th March 2010, failing which penal interest
@ 10% per annum would be applicable.
6. A compliance report should also be submitted to the Commission soon
after the action as above is taken.
7. The appeal is thus disposed of.
Sd/-
(Prof. M.M. Ansari)
Central Information Commissionerii
Authenticated true copy:
(M.C. Sharma)
Deputy Registrar
Name & address of Parties:
1. Shri. Patel Kokilaben Dineshbhai, Kasalpurar Village, Taluka & Distt.
Mehsana, Gujarat
2. Shri. A.K. Jain, CPIO, ONGC, South Tower, Scope Minar, Laxmi Nagar,
Delhi – 110 092.
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“All men by nature desire to know.” – Aristotle
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3. Shri. S.R. Athawale, ED & AA, ONGC, 5th floor, Scope Minar Laxmi
Nagar, Delhi – 110 092.
4. Shri. K.P. Verma, DGM (HR)- I/c HR ER & CAPIO, ONGC, South Tower,
Scope Minar, Laxmi Nagar, Delhi – 110 092.
5. Sh. A.K.R. Modh, CE (P) I/c-LAQ, ONGC, South Tower, Scope Minar,
Laxmi Nagar, Delhi – 110 092.
6. Sh. George W. Kerketta, Manager (HR), ONGC, South Tower, Scope
Minar, Laxmi Nagar, Delhi – 110 092.
7. Sh. G. Fernandez, Manager (F&A), ONGC, South Tower, Scope Minar,
Laxmi Nagar, Delhi – 110 092.
8. The CMD, ONGC, South Tower, Scope Minar, Laxmi Nagar, Delhi – 110
092.
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