Central Information Commission, New Delhi

File No.CIC/WB/A/2010/000896-SM
Right to Information Act-2005-Under Section (19)
Date of hearing
Date of decision
:
:
3 June 2011
3 June 2011
Name of the Appellant : Shri Dilip Kumar Roy
Flat No. C-605, Sukh Sagar Apartments,
Plot No. 12, Sector 9, Dwarka,
New Delhi 110 075.
Name of the Public Authority : CPIO, Rajya Sabha Secretariat,
Parliament House Annexe,
New Delhi 110 001.
The Appellant was not present in spite of notice.
On behalf of the Respondent, the following were present:-
(i) Shri A.K. Singh, Director & CPIO,
(ii) Shri Shashi Bhushan, Jt. Director
Chief Information Commissioner : Shri Satyananda Mishra
2. In spite of notice, the Appellant did not turn up during the hearing. The
Respondents, however, were present and made their submissions.
3. The Appellant had sought certain information relating to the creation of
temporary posts for providing secretarial assistance to the committee
constituted under Section 3 of the Judges (Inquiry) Act. He had also requested
CIC/WB/A/2010/000896-SM
for permission to inspect the relevant records. The CPIO had provided some
information but did not specifically advise him about the date or time of
inspection. Not satisfied with the information provided by the CPIO, he
preferred an appeal before the first Appellate Authority. In his appeal, he had
pointed out the shortcomings in the response of the CPIO. The Appellate
Authority, probably the same person as the CPIO, offered some further
clarifications but did not disclose any further information nor gave any direction
about the inspection of the records. Now, the Appellant has, in his second
appeal, wanted that the CPIO should be punished in terms of Section 20 (1) of
the Right to Information (RTI) Act for providing incomplete information. He has
also prayed that disciplinary proceedings should be instituted against the CPIO
for the same reasons.
4. After carefully considering the submissions of the Respondents and the
facts of the case, we are of the view that the information provided by the CPIO
was not adequate to the extent that he did not support his contentions with
relevant documents. If temporary posts have been created for any particular
purpose, there must be some order or decision approved by the competent
authority in this regard. A copy of that should have been given. Similarly, if any
direction or order of the competent authority exists regarding the eligibility
criteria for the posts, those should have been provided also.
5. We are surprised that both the CPIO and the Appellate Authority appear
to be the same person unless of course the CPIO, soon after disclosing the
information, was designated by the authorities as the Appellate Authority. As
rightly pointed out by the Appellant, it is not fair that the same person should
hear an appeal against his own order. We hope that the public authority would
CIC/WB/A/2010/000896-SM
be careful in future and avoid such situations.
6. Now, since, from the beginning, the Appellant was interested to inspect
the records relating to his queries, we direct the CPIO to invite him on any
mutually convenient date within 15 working days from the receipt of this order
and to allow him to inspect the relevant records. After such inspection, if the
Appellant would choose to get the photocopies of some of these records, the
CPIO shall provide the same to him free of charge. However, if the Appellant is
not interested in inspecting the records any longer, even then the CPIO is
directed to send the photocopies of the relevant records to him within this
period.
7. We do not intend to impose any penalty on the CPIO or recommend any
disciplinary proceedings against him as we are not convinced that he had
intentionally suppressed some vital information.
8. The appeal is disposed off accordingly.
9. Copies of this order be given free of cost to the parties.
(Satyananda Mishra)
Chief Information Commissioner
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.
(Vijay Bhalla)
CIC/WB/A/2010/000896-SM
Deputy Registrar
CIC/WB/A/2010/000896-SM