Information about technical glitches in the workflow system of CIC website was sought - CIC suggested that as far as possible, the FAA should give the appellant including the third party, an opportunity of hearing specially if he so requests
(A)CIC website is flushing the message that “Due to some technical glitches in the workflow system, tracking of the movement of the communication received within the Commission is getting delayed. NIC is on the job to address the glitches at the earliest.” Provide the following information:-
(i) Provide item-wise details of the technical glitches in the workflow system etc including for tracking of movement of communications as claimed on the CIC website and said to be reported to NIC.
(ii) Provide the date and time when these technical glitches were reported to NIC and the name of the officer who reported it from CIC.
(iii) Provide copy of the communication by which the NIC was informed about these technical glitches and also provide the name of the NIC officials undertaking this job.
(iv) Provide the current status as on 29/11/2013 of the technical glitches so far fixed and solved and likely time to be taken in the restoration of complete CIC website. If information as on 29/11/2013 is not available then information as on 02/12/2013 to 05/12/2013 may be provided.
(v) Provide the report/communication sent by NIC regarding the solving of the glitches in CIC website. In case no report or communication is received, then please provide the item/ pointwise details of the glitches fixed and solved by NIC.
(vi) Provide copies of all the documents, emails and other communications relating to the technical glitches as reported in CIC website.
(B) Provide copies of all note sheets and correspondence pages of the RTI file in which this application is dealt with.
Grounds for the Second Appeal: The CPIO has not provided the desired information.
Relevant Facts emerging during Hearing: The following were present
Appellant: Mr. R. K. Jain
Respondent: Mr. Swarup Dutta CPIO, Mr. S N Sowpari, Mr. S C Pradhan & Mr. S Paul
The appellant informed that he filed the RTI application when he learned that there was breach of security and tampering of data due to leakage of password to unauthorized persons and not due to any glitches in the system. Shri S Paul the then Principal System Analyst at the NIC Cell in the Commission stated that the reasons for loss of data could not be ascertained but admitted that there was no technical glitch in the software. The appellant stated that he is pressing for copies of all communications exchanged between the Commission and the NIC regarding loss of data in the work-flow system. He further stated that the FAA inspite of his specific request did not give him any opportunity of hearing. Mr. S. Paul stated that since it was a local problem no communication was exchanged with the NIC HQ. The appellant pointed out that respondent in their reply have stated that the problem was fixed on 03/12/2013 and he wants copy(s) of the documents based on which the aforesaid reply has been given. The CPIO agreed.
As agreed by the CPIO copy of the documents/communications based on which it was informed that the problem was fixed on 03/12/2013 should be provided to the appellant within 15 days from the date of receipt of this order. As regards the appellant’s submissions that he was not given an opportunity of personal hearing by the FAA, it is needless to say that rendering an opportunity of hearing to the parties is a fundamental principle of jurisprudence. It is conducive to fairness and transparency and accords with the principles of natural justice. An opportunity of hearing to the parties also brings greater clarity to the adjudicating authorities. This Commission always gives an opportunity of hearing to the parties but this does not appear to be usually done by the FAAs, as probably there are practical difficulties therein, partly arising out of the number of appeals involved and partly due to the limited time frame in which the matters are required to be decided. In view of this, we would only like to suggest that the FAA should, as far as possible give the appellant including the third party, if any, an opportunity of hearing specially if he so requests, without forgetting that the essence of RTI Act is to provide complete, correct and timely information to the appellant. The appeal is disposed of accordingly.
Citation: Mr. R. K. Jain v. National Informatics Centre in File No. CIC/BS/A/2014/000403/6504