Information was denied u/s 8(1)(h) as at the time of furnishing reply, disciplinary proceedings were pending - As informed by the PIO during the hearing, the disciplinary proceedings against the appellant have concluded - CIC: Provide a revised reply
21 Apr, 2023Information Sought:
The appellant has sought the following information:
1. Provide a copy of TCIL Conduct, Discipline & Appeal Rules, 1980 as amended from time to time.
2. Provide a copy of the existing promotion policy of TCIL for the cadre of officers
3. Provide a copy of the existing policy of transfer and posting in TCIL for the cadre of officers.
4. And other related information.
Grounds for filing Second Appeal:
The CPIO did not provide the desired information.
Submissions made by Appellant and Respondent during Hearing:
The appellant while reiterating the contents of his written submissions dated NIL requested the Commission to direct the respondent to disclose complete information in compliance with the provisions of the RTI Act, 2005. He averred that the denial of information under Section-8(1)(h) of the RTI Act, 2005 was improper. He stated that the email dated 28.12.2021 did not contain the amended rules as sought for in point no. 1.
The CPIO on the other hand stated that at the time of furnishing the reply, disciplinary proceedings were pending against the appellant, therefore, the information requested for in points no. 4-12 was denied to him under Section8(1)(h) of the RTI Act, 2005. She stated that the information sought for in points no. 1-3 was not provided on the ground that the appellant being an employee of the respondent authority had access to the sought for documents. However, at a later stage, the relevant documents sought for in points no. 1-3 were provided to the appellant vide email dated 28.12.2021.
On being queried as to the current status of the disciplinary proceedings against the appellant, she stated that the said proceeding had concluded.
Observations:
Having perused the entire record of the case and hearing the submissions of the parties, the Commission observed that the information sought for by the appellant in points no. 1-3 was denied by the CPIO on the ground that the appellant had access to the sought for documents. The Commission held that the denial was improper. The denial of information has to be strictly in accordance with Section 8 and 9 of the RTI Act, 2005. During the hearing, the CPIO stated that the relevant documents sought for in points no. 1-3 were provided to the appellant vide email dated 28.12.2021 which was also acknowledged by the appellant. However, the copy of the amendments made in the TCIL Conduct, Discipline & Appeal Rules, 1980 were not provided. Therefore, the CPIO was directed to provide a revised reply on point no. 1.
It was observed that the information was denied under Section-8(1)(h) of the RTI Act, 2005 in points no. 4-12 as at the time of furnishing reply, disciplinary proceedings were pending against the appellant. As informed by the CPIO during the hearing, presently the disciplinary proceedings against the appellant have concluded, therefore, the CPIO was directed to provide a revised reply on points no. 4-12. While furnishing the revised reply, the CPIO shall ensure that only information disclosable under the RTI Act, 2005 and conforming to the provisions of Section-2(f) of the RTI Act, 2005 shall be given to the appellant. If the CPIO is denying any information on any point, the specific exemption clause shall be stated along with reasons for denial.
Decision:
In view of the above, the Commission directs the CPIO to send a revised reply on points no. 1 and 4-12, to the appellant within 07 days from the date of receipt of this order.
The appeal stands disposed of accordingly.
Vanaja N. Sarna
Information Commissioner
Citation: Rohit Garg v. Telecommunications Consultants India Ltd. (TCIL), File no.: - CIC/ICOAR/A/2022/110556; Date of Decision: 15/03/2023