CIC directed the PIO to provide fresh affidavit to correct the contents of the previous one which were not in conformity with its directions - Appellant: second affidavit not submitted - CIC: penalty of Rs. 10,000/- imposed with directions to provide info
1. Further to Commission’s orders of even number dated 18 November 2013, 14 October 2013 and 21 August 2013, matter was heard once again today to review compliance of the directions held in the most recent order. Shri Herman Kujur, FSO, circle 44 has appeared today in person and stated that he has not submitted second affidavit as directed by the Commission to correct the contents of the previous one which were not in conformity with the directions of the Commission. Also, the FSO, circle 32 has not appeared before the Commission even though it is stated by Shri Kujur that intimation was provided to the said FSO regarding the directions of the Commission.
2. Commission places on record the fact that Shri Herman Kujur has failed to provide fresh affidavit as per the directions of the Commission as per his averments made before the Commission at the hearing held on 14 October 2013. The affidavit already submitted by Shri Kujur is not as per his statement made before the Commission and is not relevant at all. The officer has not provided any credible explanation for failing to comply with the directions of the Commission. Accordingly Commission imposes a penalty of Rs. 10,000/– on the officer for providing false information to the Commission and to the appellant at the previous hearing. Under the powers the Commission given under section 18 (2) and (3) of the Act, the presence of the FSO, circle 32 along with the relevant documents was directed by the Commission and the said officer has failed to appear before the Commission today along with the documents. Accordingly Commission imposes a penalty of Rs. 10,000/– on the said officer with directions to provide the requested information to the appellant within two weeks of receipt of the order failing which he will attract additional penalty. Be it noted that the appellant is holding acknowledgement of receipt of the documents submitted by him by the FSO, circle 32 and therefore the requested information cannot be denied to him. The Appellate Authority is directed to recover the amount of Rs. 10,000/from the salary of Shri Herman Kujur, FSO/CPIO and remit the same by a demand draft or a Banker’s cheque in the name of the Pay & Accounts Officer, CAT, payable at New Delhi and send the same to Shri Pankaj K.P. Shreyaskar, Director and Joint Registrar of the Central Information Commission, 2nd. Floor, August Kranti Bhawan, New Delhi110066. The amount may be deducted at the rate of Rs. 5000/per month every month from the salary of the CPIO and remitted by the 10th of every month starting from January, 2014. The total amount of Rs. 10,000/will be remitted by 10th of March,2014.
3. Ordered accordingly.
(Smt. Deepak Sandhu)
Chief Information Commissioner
Citation: Shri Jagdish Ram v. Department of Food, Supplies & Consumer Affairs in Adjunct III Appeal: No. CIC/AD/A/2012/003076/DS