Delay of over one year in furnishing information - PIO mislead the Commission stating that application was received when the erstwhile MCD was in the place of trifurcation - CIC: Maximum penalty of Rs. 25,000/- on PIO - disciplinary action recommended
1. In pursuance of Commission’s order of even number dated 11 June 2013, matter was heard today in the matter of show cause notice. Shri Prem Ranjan, Deputy Controller of Accounts who had been named by Shri Hari Prasad, DCA as being the former CPIO who was required to act on the RTI application dated 16 March 2012 preferred by the appellant, appeared before the Commission and stated that during the period of the receipt and pendency of the RTI application, he was holding the post of DCA (Health) in the Health Department of MCD and was in no way connected with the RTI application of the appellant. Shri A Sebastien, DCA/SPZ also appeared before the Commission and submitted that information as sought by the appellant was provided to him on 10 April 2012 which was well within the timeframe prescribed in the RTI Act.
2. Commission accepts the averments of both the aforementioned respondents and drops the proposed penalty proceedings against them.
3. However Commission places on record a copy of the letter dated 10 June 2013 signed by Shri PD Hari Prasad which was never received in the original but which has been handed over to the appellant at the hearing by Shri Premarajan, in which Shri Hari Prasad admits to being the former CPIO. It is also submitted by Shri Hari Prasad in this letter that the RTI application was received when the erstwhile MCD was in the place of trifurcation and all the officers/staff were redesignated as per the requirements of the three Corporations. It is not understood as to why Shri Hari Prasad chose to mislead the Commission during the hearing held on 11 June 2013 when he named Shri Prem Ranjan as the former CPIO. Accordingly, based on his averments, Commission issued show cause notice to Shri Prem Ranjan. Further, it is noted that the RTI application is dated 16 March 2012 and that the trifurcation of the Municipal Corporation took place in May 2012.
4. For the reasons recorded above, Commission holds the then CPIO, Shri Hari Prasad responsible for the delay of over one year in the furnishing of the requested information to the appellant and imposes a maximum penalty of Rs. 25,000/– on Shri PD Hari Prasad as per the provisions of section 20 (1) of the Act. 5. The Appellate Authority is directed to recover the amount of Rs. 25,000/from the salary of the CPIO Shri Hari Prasad 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 Adjunct II Appeal: No. CIC/DS/A/2012/001631 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, Shri Hari Parsad and remitted by the 10th of every month starting from October, 2013. The total amount of Rs. 25,000/will be remitted by 10th of March,2014.
5. The Commission also draws the attention of The Controller of Accounts, North Delhi Corporation to the fact that Shri PD Hari Prasad made false statements while deposing before the Commission with a view to misleading the Commission and recommends disciplinary action against him under the service rules applicable to him as per the provisions of section 20 (2) of the Act.
(Smt. Deepak Sandhu)
Information Commissioner (DS)
Citation: Shri Dinesh Kumar Sangal v. North Delhi Municipal Corporation in Adjunct II Appeal: No. CIC/DS/A/2012/001631