Information regarding enquiry in respect of allegations of sexual harassment - CIC: Since the departmental enquiry is over and the appellant has been absolved of the charges, provide information after redacting any personal information of third party(s)
O R D E R
1. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), The Principal Chief Commissioner of CGST & Central Excise, Delhi Zone, New Delhi seeking information regarding his departmental enquiry in respect of certain allegations of sexual harassment alleged by a lady officer.
2. The CPIO responded on 15-05-2018. The appellant filed the first appeal dated 09-06-2018 which was disposed of by the first appellate authority on 06-07- 2018. Thereafter, he filed a second appeal u/Section 19(3) A second appeal against the decision under sub-section (1) shall lie within ninety days from the date on which the decision should have been made or was actually received, with the Central Information Commission or the State Information Commission: Provided that the Central Information Commission or the State Information Commission, as the case may be, may admit the appeal after the expiry of the period of ninety days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. of the RTI Act before the Commission requesting to take appropriate legal action against the CPIO u/Section 20 of the RTI Act, 2005 and also to direct him to provide the sought for information.
3. The appellant, Mr. Vinod Kumar Meena attended the hearing through audio conferencing. Mr. Anuj Agarwal, Dy. Commissioner participated in the hearing representing the respondent through audio conferencing. The written submissions are taken on record.
4. The appellant stated that the respondent should be directed to provide him a copy of the documents pertaining to his departmental enquiry.
5. Mr. Anuj Agarwal, Dy. Commissioner agreed to permit inspection of the complete file in their custody pertaining to the departmental enquiry of the appellant. He also informed the Commission that the enquiry has been completed whereby the appellant has been absolved of the charges.
6. Since the departmental enquiry is already over and the appellant has been absolved of the charges, this Commission directs the respondent to permit an opportunity of inspection of the relevant records to the appellant on the mutually convenient date and time and also to provide a copy of such documents upon inspection, after redacting any personal information of third party(s), within a period of 15 working days from the date of receipt of this order.
7. With the above observations, the appeal is disposed of. 8. Copy of the decision be provided free of cost to the parties.
Neeraj Kumar Gupta
Citation: Vinod Kumar Meena v. The Principal Chief Commissioner of CGST & Central Excise, Delhi Zone in Second Appeal No. CIC/CCEDL/A/2018/162180, Date: 07-07-2020