Directives given by Ministry to HOCL Management regarding an alleged forged letter denied u/s 8(1)(j) - PIO: for forging signature the appellant was suspended - CIC: apprise the appellant of the action taken by HOCL on the directions given by Ministry
22 Nov, 2013Directives given by Ministry of C&PC to HOCL Management on an alleged forged letter - information denied u/s 8(1)(j) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. – PIO: appellant had sent a false complaint against Senior Officials of the Company to the Ministry by forging the signature and thereafter was suspended, a Criminal case has also been filed against him before the Court of JMFC – CIC: apprise the appellant of the action taken by HOCL on the directions given by Ministry
ORDER
1. The appellant through his RTI application dated 15.10.2012 sought information on the following four queries regarding directives given by the Ministry of C&PC to HOCL Management on the alleged letter dated 20.11.2010 sent to Ministry of C&PC. The matter pertains to a complaint dated 20.11.2010 against a senior officer of HOCL, Shri M.K. Mittal under the signature of Shri S.D. Patil, DGM(P) which termed out to be forged. The specific queries in the RTI application are as follows:
(1) The letter dated 20.11.2010 sent to Ministry. It was the duty of Ministry of C&PC to confirm that whether the said letter against senior most authority like Shri M.K. Mittal has been sent by me in original or by some other person who has forged his signature;
(2) Apart from above fact why HOCL Management failed to investigate the actual matter of fact. Why HOCL Management failed to confirm that whether the said alleged letter is initiated by him or not;
(3) HOCL Management has run full exercise and attempting to find out the culprit behind one alleged letter dated 20.9.2011 to Ministry of C&PC based upon the complaint sent by Shri S.D. Patil. Shri S.D. Patil was made aware of this alleged letter. Then how HOCL Management failed to notify the information to him, well within the time of one month from the alleged letter dated 20.11.2010; and
(4) After receipt of directives from Ministry of C&PC, what further directives were given by Shri R.N. Madangeri, CMD, HOCL to ED, on the issue of the said letter dated 20.11.2010.
The CPIO vide letter No. HOC/RTI dated 12.11.2012 denied information under the provisions of section 8(1)(j) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. of the RTI Act.
2. Aggrieved with reply of the CPIO, the appellant filed an appeal on 20.11.2012 before the FAA. The FAA vide order No. cmd/HOCL/RTI/2012 dated 26.11.2012 concurred with the reply of the CPIO.
3. The CPIO submits that the appellant is a suspended employee of HOCL. He had sent a false complaint against Senior Officials of the Company to the Secretary, Ministry of Chemicals & Fertilizers by forging the signature of Shri S.D. Patil, DGM (P) of HOCL. After getting the expert opinion from forensic expert, the appellant has been placed under suspension as per the Certified Standing Orders of HOCL. Besides above, Shri S.D. Patil, DGM (P) has filed a Criminal case before the Court of JMFC at Khalapur, Dist. Raigad against the appellant for forging his signature, which is pending trial. The appellant who is an employee of the Company is misusing the RTI Act for his personal case against the Management.
4. Having considered the submissions of the parties, the Commission is of the view that the information as sought by the appellant is not specific. However, the Commission hereby directs the CPIO to apprise the appellant of the action taken by HOCL on the directions given by Ministry of Chemicals & Fertilizers on the issue of alleged letter dated 20.11.2010. The CPIO will comply with the directions of the Commission within two weeks of receipt of this order. The matter is disposed of on the part of the Commission with above directions/observations.
(Sushma Singh)
Information Commissioner
Citation: Shri Deepak Narayan Joshi v. Hindustan Organic Chemicals Ltd., in Case No. CIC/SS/A/2013/000308