CIC: There has been a substantial delay in replying to the RTI application - CIC: CPIO, Sardar Vallabhbhai Patel National Police Academy, Hyderabad and AD (Admin), BoPR&D to explain the reasons for not replying within the period stipulated under RTI Act
5 Oct, 2021(1) CIC/SPNPA/A/2019/641634
Information sought and background of the case:
The Appellant filed an RTI application dated 09.11.2018 seeking information on the following points:-
1. Total number of employees sponsored by SVP National Police Academy to study at Indian School of Business for the year 2015-2016,2016-2017,2017- 2018 and2018-2019 for MPPP programme.
2. Total amount of money paid to Indian School of Business for the year 2015- 2016, 2016-2017, 2017-2018 and 2018-2019 for MPPP programme.
3. What was the syllabus for MPPP programme for year 2015-2016, 2016-2017, 2017-2018 and 2018-2019 at Indian School of Business.
Having not received any reply from the CPIO, the Appellant filed a First Appeal dated nil which was also not adjudicated by the First Appellate Authority. Feeling aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
(2) CIC/BOPRD/A/2019/640828
Information sought and background of the case:
The Appellant filed an RTI application dated 28.02.2019 seeking information on the following points:-
4. Total number of employees sponsored by Bureau of Police Research and Development to study at Indian School of Business for the year 2015- 2016,2016-2017, 2017-2018 and 2018-2019 for MPPP programme.
5. Total amount of fees and taxes paid to the Indian School of Business for the year 2015-2016, 2016-2017, 2017-2018 and 2018-2019 for MPPP programme.
6. What was the syllabus for MPPP programme for year 2015-2016, 2016-2017, 2017-2018 and 2018-2019 at Indian School of Business.
Having not received any reply from the CPIO, the Appellant filed a First Appeal dated nil which was also not adjudicated by the FAA. Feeling aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
Four Second Appeals filed by the same Appellant against different public authorities were scheduled for hearing on the same date for the ease and convenience of all concerned. Furthermore, in order to ensure social distancing and prevent the spread of the pandemic, COVID-19, hearing through audio conference was scheduled after giving prior notice to both the parties.
The Appellant remained absent despite prior intimation. Several attempts made by the Commission to contact the Appellant on his mobile number went in vain as he did not respond to the calls. A written submission has been received from the Appellant dated nil wherein he stated that he had received multiple notices of hearing to appear before multiple public authorities on the same day. He requested the Commission to order the CPIO/ FAA to provide him the information and punish them as per the RTI Act for not sending the reply.
The Respondents represented by Dr K.P.A. Ilyas, CPIO and Asst Director (Establishment) Sardar Vallabhbhai Patel National Police Academy, Hyderabad and Shri Ashok Kumar Mishra, Asst Director (Admin), Bureau of Police Research and Development, New Delhi participated in the hearing through audio conference. Dr Ilyas stated that point wise information was provided to the Appellant in February, 2019. The first appeal was also decided in March, 2019. The Commission directed Dr Ilyas to forward a copy of the above mentioned replies after the hearing which were not received. Shri Mishra stated that point wise information was provided to the Appellant at this stage vide letter dated 14.09.2021, a copy of which was also forwarded to the Commission. However, the reasons for delay in answering the application were not answered.
Decision
Keeping in view the facts of the case and the submissions made by the Respondents, it is observed that although the information has been provided, there has been a substantial delay in replying to the RTI application. Hence, the Commission directs Dr K.P.A. Ilyas, CPIO and Asst Director (Establishment) Sardar Vallabhbhai Patel National Police Academy, Hyderabad and Shri Ashok Kumar Mishra, Asst Director (Admin), Bureau of Police Research and Development, New Delhi to submit their written explanations to the Commission explaining the reasons for not replying to the RTI application within the period stipulated under the RTI Act, 2005. The above mentioned direction should be complied with by 31.10.2021.
With the above direction, the instant Second Appeals stand disposed off accordingly.
Y. K. Sinha
Information Commissioner
Citation: Shri V Naveen Kumar v. Sardar Vallabhbhai Patel National Police Academy, Hyderabad and Bureau of Police Research and Development in Second Appeal No. CIC/SPNPA/A/2019/641634 CIC/BOPRD/A/2019/640828; Date of Decision: 23.09.2021