Information pertaining to the service book was not provided - delay happened because the application was transferred from one department to other - CIC: RTI application was transferred without any application of mind; penalty of Rs. 25,000/- imposed
1. Further to Commission’s orders of even number dated 17 July 2013 and 18 November 2013, the matter of show cause was heard today. Both parties as above were present in person and made submissions. It was confirmed by the Assistant Commissioner, Shahdara South Zone, East Delhi Municipal Corporation that information pertaining to the service book was held by them and that the duplicate copy had now being reconstructed and would be provided to the appellant tomorrow. The former CPIO/ AC who was the holder of information stated that he had relinquished charge of the post on 14 September 2012 and subsequently about 4 ACs held charge till May 2013 when Shri Rehman, the current CPIO/ AC took over charge of the post. Shri Rehman stated that he was not informed of the pendency of the RTI application and that as soon as he received the order of the Commission, he took action to have the duplicate service book compiled after taking sanction from the competent authority and that the same would be provided to the appellant by tomorrow.
2. The DCA showed proof of providing the original pension book to the appellant on 18 November 2010 and stated that duplicate would be issued to the appellant.
3. Commission has heard the parties. Shri UN Mehta stated that the RTI application of the appellant was received by him on 12 March 2012 and was sent to the sanitation superintendent on the same day who in turn further forwarded the RTI application to the concerned LDC on 15 March 2012. The said LDC later returned the RTI application to the sanitary superintendent stating that the matter pertains to accounts Department and therefore the SS forwarded the same to the DCA on 22 The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. March 2012. Commission cannot accept this explanation for delay as all the time the service book was in fact held by the office of the Asst Commissioner and that without any application of mind (and perhaps with intent to deny disclosure of the requested information) the SS and the LDC marked the RTI application to the accounts department. The CPIO/AC made no effort to monitor and keep track of the disposal of the RTI application and therefore failed to discharge his obligations as per the provisions of the RTI Act. Accordingly, Commission imposes a penalty of Rs. 25,000/– on Shri UN Mehta for the delay of 124 days x Rs 250. This amount will be deducted in five equal installments @ Rs.5,000/pm. The Appellate Authority is directed to recover the amount of Rs. 25,000/from the salary of Sh. U.N. Mehta, the Ex. PIO/AC Shah.South 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 Delhi 110066. The amount may be deducted at the rate of Rs. 5000/per month every month from the salary of the Shri U.N. Mehta, the Ex. PIO/AC Shah. South, PIO and remitted by the 10th of every month starting from January, 2014. The total amount of Rs. 25,000/will be remitted by 10th of June, 2014.
4. The DCA will provide duplicate copy of pension book to the appellant within two weeks of receipt of the order.
5. The current CPIO/AC Shahdara South Zone, East Delhi Municipal Corporation will provide information to the appellant regarding his service book by 16 December 2013.
(Smt. Deepak Sandhu)
Chief Information Commissioner
Citation: Shri Shyam Lal v. East Delhi Municipal Corporation in Adjunct III Appeal: No. CIC/DS/A/2013/001006