CIC took grave exception to the factum of delay caused by the PIO in not providing any reply to the Appellant within the stipulated time frame as envisaged under the RTI Act; PIO directed to file a written explanation along with supportive documents
21 Jul, 2023Information sought:
The Appellant filed an RTI application dated 10.07.2022 seeking the following information:
Essentially, Information about a registered letter dated 02.06.2022 and action taken on it was sought.
Having not received any response from the CPIO, the appellant filed a First Appeal dated 23.08.2022. FAA’s order, if any, is not available on record. Feeling aggrieved and dissatisfied with non-receipt of information, the appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerging during Hearing:
The following were present:-
Appellant: Not present.
Respondent: Represented by Kuldip Singh Ranga, Sr. S.S.O. present through intravideo conference.
The Rep. of CPIO submitted that instant RTI Application has been received in their office on 25.09.2022 and a reply along with relevant desired information has already been provided to the Appellant on 12.11.2022, relevant extracts of which are as under –
“…w.r.t point No. 1 to 4, it is stated that This office has received / is receiving, large number of representations on daily basis. In public interest, CRCS took hearings of the 4 Sahara group cooperative societies and directed to streamline the redressal grievance system and to repay the deposits to the investors (order sheets available on website mscs.dac.gov.in). Since no satisfactorily reply was coming forth, CRCS debarred the Societies from taking new deposits or renewing the existing deposits. These societies challenged the orders of CRCS before the Hon’ble High Court of Delhi / Telengana. The Hon’ble Courts granted an interim stay on the operation of orders of CRCS. Recently, Hon’ble High Court of Delhi vide Order dated 22.03.2022 has partially vacated the stay imposed on the proceedings held against Society by the CRCS. In compliance Office of CRCS has sent lakhs of claims amounting to crores of Rupees, to Sahara group credit societies for verification and payment, but societies are not responding properly. Status report in this regards has already been filed before Hon’ble Delhi High Court. The matter sub-judice. This office is taking all possible against the societies, to ensure repayment. w.r.t point No. 5, details of FAA is mentioned below...”
To a query from the Commission regarding delayed response to the RTI application, the CPIO tendered his unconditional apology and explained the fact that he took over the charge recently in December, 2022. He further apprised the Bench that as a consequent to the reorganization of their Ministry into two different public authorities; the disposal of RTI Applications could not take place within the stipulated time frame owing to limited manpower resource as against the volume of work which inter alia, included multiple complaints/ correspondent/s RTI Applications. However, he further added and assured that now the disposal of RTI applications system has been streamlined.
Decision:
The Commission at the outset takes grave exception to the factum of delay caused by the CPIO in not providing any reply to the Appellant within the stipulated time frame as envisaged under the RTI Act; and also no substantial explanation for such delay has been tendered by the present CPIO. Such casual conduct of the then CPIO causes unwarranted obstruction to the Appellant’s right to information and is in grave violation to the provisions of RTI Act.
In view of the above, the then CPIO (at the time of receipt of instant RTI Application) is hereby directed to file a written submission detailing the reason for not providing any reply within the time bound manner as per the RTI Act provisions. The said written explanation of the CPIO along with supportive documents, if any, should reach the Commission within 15 days from the date of receipt of this order.
Notwithstanding the aforesaid, the Commission based on a perusal of the facts on record and upon hearing the submissions of CPIO finds no infirmity in the reply provided by the CPIO as the same was found to be in consonance with the provisions of RTI Application.
Saroj Punhani
Information Commissioner
Citation: Satish Kumar Agarwal v. O/o Central Registrar of Cooperative Societies, Ministry of Cooperation, CIC/DOA&C/A/2022/656831; Date of Decision: 27/06/2023