Information about appointment as the Election Officer for conducting the election of Managing Committee of a society - Respondent: Information about honorarium is maintained in personal file - CIC: Send complete set of appeal to the holder of information

Information sought and background of the case:

Appellant filed RTI application dated 30.01.2018 seeking information about appointment of Sh. Kulbhushan Babbar as the Election Officer for conducting the election of Managing Committee of The Capital Co-operative T&C Society, Pitampura in August 2012. The Appellant enquired about the approval/s taken by Sh. Babbar from the department, the honorarium received by him and the copies of such approvals, if any.

PIO/Section officer (GOC), vide letter dated 13.02.2018 forwarded the reply to the Appellant as provided by the concerned PIO stating that no such information is available in their office.

Dissatisfied with the reply received from the PIO, Appellant filed First Appeal dated 19.02.2018. FAA vide order dated 09.03.2018 observed as follows:

“…the representative of GOC Branch stated that the officer is at present posted in Dist. North West-A. Hence the RTI may be transferred to the concerned distt.”

The RTI application was thus transferred to DDE/Distt-North West-A vide letter dated 16.03.2018. The FAA/DDE passed an order dated 23.05.2018 upholding orders dated 22.03.2018 and 10.05.2018 whereby it had been informed to the appellant that the desired information was not available in the office of DDE, NW-A.

Feeling aggrieved as dissatisfied, Appellant approached the Commission with the instant Second Appeal.

Facts emerging in Course of Hearing:

Communication dated 11.03.2020 has been received from PIO/ADE, District North West-B, intimating the PIO/North West-A, Dte. Of Education to attend the hearing being the custodian of information.

In order to maintain social distancing in the wake of outbreak of COVID-19 pandemic, hearing is conducted through audio conference.

Both parties are present for hearing, and it transpires from the submissions that PIO/NW-A has vide letter dated 08.06.2020 intimated FSO to furnish information to the appellant, since Sh. Kulbhushan Babbar is not posted there.

The appellant is present for hearing and reiterates that he has not received any satisfactory reply so far. Sh. Pawan Chopra-PIO/NW-A, present for hearing states that since information about honorarium as sought by the appellant, is generally maintained in the personal file of the official concerned, which is transferred to the office where the officer is posted. Sh. Kulbhushan Babbar has now been posted as AC, Consumer Affairs in Food and Supply Dept., ‘K’ Block, Vikas Bhawan, IP Estate, New Delhi - 110002 and hence the RTI application was transferred to the said office. On the appellant’s allegations of corruption against Sh. Babbar, the NW-A/ADE, DDE- Sh. Pawan informed the Commission that information in this regard should be sought from Dy. Director (Vig.), Dte. Of Education, where the appellant was posted at the relevant point of time.

Decision:

On hearing the averments of the parties, the Commission notes that information sought by the appellant has to be obtained from the sources as pointed out by the PIO/NW-A/ADE. Accordingly, Registry of this Bench is hereby directed to send complete set of the appeal paper book to i) PIO, Food and Supply Department, GNCTD and ii) PIO/Dy. Dir. (Vig,), Dte. of Edn. who appear to be custodians of information, with a copy of this order. The aforementioned officers, viz. PIO, Food and Supply Department, GNCTD and ii) PIO/Dy. Dir. (Vig,), Dte. of Education are hereby directed to furnish a complete response/information with respect to the RTI application dated 30.01.2018. Both the officials shall ensure that compliance report of the above order reaches the Commission within four weeks of issue of this order, failing which appropriate proceedings shall be initiated as per law.

The appeal is thus disposed off with the above directions.

Y. K. Sinha

Information Commissioner

Citation: Shri Vinod Kumar Panwar v. PIO/Dy. Director of Education (HQ), New Delhi, Govt. Co.ed Sr. Sec. School, Pitampura, Delhi in Second Appeal No. CIC/DIRED/A/2018/141616, Date of Decision: 12.06.2020