Information regarding the Copy of OMR answer sheet of a candidate was not provided - CIC: Provide the information within a period of 07 days; Explain why penal action should not be taken as per Section 20(1) of the RTI Act, 2005
O R D E R
The appellant, by way of his RTI application sought information on 05 points regarding the Copy of OMR Answer Sheet of candidate with roll no. 5109958 for examination conducted vide notification no CEN- 03/2012 and matters related thereto. Dissatisfied on not receiving any information from the CPIO, the appellant approached the FAA. However, the reply of the CPIO or the order of the FAA, if any, is not available on the record of the Commission.
Facts emerging during the hearing: The following were present: Appellant: Absent; (Contacted on phone but no reply); Respondent: Absent; Both the parties remained absent during the hearing despite prior intimation. Based on the records available with the Commission, it was observed that the respondent did not respond to the RTI application as well as the first appeal of the appellant.
Keeping in view the facts of the case and the submissions made by both the parties, it is evident that no reply had been provided by the respondent in the matter, which is a grave violation of the provisions of the RTI Act, 2005. The Commission instructs the CPIO and Secretary, Railway Recruitment Board, Kolkata to show-cause why action should not be taken under the provisions of the Act for this misconduct and negligence. The Commission therefore, directs the respondent to:
1- provide the information to the appellant within a period of 07 days;
2- explain why penal action should not be taken as per Section 20(1) Where the Central Information Commission or the State Information Commission, as the case may be, at the time of deciding any complaint or appeal is of the opinion that the Central Public Information Officer or the State Public Information Officer, as the case may be, has, without any reasonable cause, refused to receive an application for information or has not furnished information within the time specified under sub-section (1) of section 7 or malafidely denied the request for information or knowingly given incorrect, incomplete or misleading information or destroyed information which was the subject of the request or obstructed in any manner in furnishing the information, it shall impose a penalty of two hundred and fifty rupees each day till application is received or information is furnished, so however, the total amount of such penalty shall not exceed twenty-five thousand rupees: Provided that the Central Public Information Officer or the State Public Information Officer, as the case may be, shall be given a reasonable opportunity of being heard before any penalty is imposed on him: Provided further that the burden of proving that he acted reasonably and diligently shall be on the Central Public Information Officer or the State Public Information Officer, as the case may be. of the RTI Act, 2005, within 15 days; from the date of receipt of this order.
The appeal stands disposed with the above direction.
Citation: Mr. Saroj Kumar v. CPIO & Secretary, Railway Recruitment Board in Appeal No.:-CIC/VS/A/2014/003060/BJ