Show cause notice for delay in providing information - PIO: the CIC order was received when he had taken charge and soon thereafter the office was shifted - the former PIO did not appear before CIC - CIC: penalty of Rs. 25,000/- imposed on the former PIO
A show cause notice was served due to delay of about four months in providing the information - PIO: the order of the Commission was received just when he had taken charge and soon after that their office was shifted - the former PIO did not appear before the Commission - CIC: imposed maximum penalty of Rs. 25,000/- for the delay of 487 days on the former PIO
1. Further to Commission’s orders of even number dated 17 October 2013 and 27 June 2013, matter pertaining to the show cause notice was heard today. Respondent CPIO as above, appeared in person and made submissions. It was stated by Shri Ranvir Singh EE (B) NGZ, SDMC, that information had been provided to the appellant on 7 November 2013. He stated that he had taken over charge on 15 May 2013 and had received the order of the Commission dated 27 June 2013 on 9 July 2013. As regards the delay of about four months in providing the said information, the CPIO stated that their office had moved from Water Tank Building to Dhansa Stand Building, Najafgarh in June 2013 very soon after he had taken over charge and it was on account of this reason that the delay occurred.
2. After hearing the averments of the CPIO, Commission accepts the same as credible and drops the proposed penalty proceedings. It is also stated by Shri Ranvir Singh, that he had taken action to inform the former CPIO Shri BB Agrawal regarding the show cause notice in writing as well as on telephone. However Shri Agrawal has chosen not to appear before the Commission today even though Commission’s order of 17 October 2013 clearly states that in the event of nonappearance, the Commission may take ex parte decision in the Adjunct II Appeal: No. CIC/DS/A/2012/002236 matter. Accordingly, for the delay of 487 days from the date of the order of the first appellate authority till today, Commission imposes maximum penalty of Rs. 25,000/– (487x Rs250). This amount will be deducted from the salary of the former CPIO Shri BB Agrawal in five equal installments @Rs.5000/pm. The Appellate Authority is directed to recover the amount of Rs. 25,000/from the salary of Sh. B.B. Agrawal,(former CPIO), South Delhi Municipal Corporation 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 Delhi110066. The amount may be deducted at the rate of Rs. 5000/per month every month from the salary of the former CPIO(Sh. B.B. Agrawal), South Delhi Municipal Corporation 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.
(Smt. Deepak Sandhu)
Chief Information Commissioner
Citation: Shri Sanjay Kumar v. South Delhi Municipal Corporation in Adjunct II Appeal: No. CIC/DS/A/2012/002236