Reply was given after an inordinate delay of more than 01 year - CIC: Reason given by the CPIO is not acceptable as by the time the RTI application was filed, the peak time of COVID was already over - CIC expressed concern over delay & cautioned the PIO
4 Jan, 2023Information Sought:
The Appellant has stated that she wanted to open a CSC Center in her hometown and applied for certification on portal www.cscentrepreneur.in. The payment of Rs.1479.72 was processed on 31/05/2021 by ICICI bank debit card. After registering on the portal, she could not log in to access the course. In this connection, she has sought the following information:
1. What are the circumstances that deepakkumar.sharma@csc.gov.in and tec.support@cscacademy.org have never bothered to reply? However, they are the concerned persons to contact as per the website.
2. Why amit.bhole@gov.in, secretary@meity.gov.in, mljoffice@gov.in, mos-office@meity.gov.in never bothered to see the case, while they were the senior officials and govern the CSC and related departments?
3. Why helpdesk did not bother to read the complete case and replied with the generic template, however, they are the same body governing www.cscentrepreneur.in?
4. And other related information.
Grounds for Second Appeal
The CPIO did not provide the desired information.
Submissions made by Appellant and Respondent during Hearing:
The appellant remained absent despite proper service of notice for the hearing vide Indian Post speed post consignment number ED23699875IN dated 03.11.2022.
The CPIO vide his written submissions dated 09.11.2022 while providing a point-wise reply to the appellant has tendered an apology for providing a delayed reply and has stated that the same was caused due to the COVID-19 situation at that time. The CPIO has informed that the complaint of the appellant was resolved by the department for the TEC related issue and the same was informed to the appellant over phone. He has also informed that his application for CSC ID was approved and CSC id was created on 13.12.2021.
The Commission sought an explanation from the CPIO regarding the inordinate delay of more than one year in replying to the queries of the appellant. However, no plausible explanation was provided by the CPIO elaborating the reasons for the delayed response.
Observations:
From a perusal of the relevant case records, it is noted that initially the RTI application was transferred to the PIO, CSC SPV vide an email dated 15.07.2021. Thereafter a final reply has been given on 09.11.2022. Even though a proper reply has been given to the appellant wherein it has been clearly stated that since the points no. 1, 2 & 3 raised in the RTI application are in question form, the same are not covered u/s 2(f) “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; of the RTI Act and therefore no information was provided and for the rest of the points, the available information was given however, this reply has been given after an inordinate delay of more than 01 year. The reason given by the CPIO is also not acceptable as by the time the RTI application was filed, the peak time of COVID was already over.
The Commission therefore expresses its displeasure at the conduct of the concerned CPIO for giving a delayed reply. He should note that such a lapse if repeated in future will be viewed strictly and shall attract penal provisions.
Decision:
Keeping in view the facts of the case, the Commission expresses serious concern over the delay in furnishing a reply by the CPIO. The concerned CPIO is cautioned to exercise due diligence in adhering to the stipulated time schedule in accordance with the provisions under the RTI Act. He must ensure that proper, timely replies are given to all the applications.
As far as the RTI application is concerned, no further relief can be given.
The appeal is disposed of accordingly
Vanaja N. Sarna
Information Commissioner
Citation: Ms. Priyanka Bahuguna v. CSC e-Governance Services India Limited, File no.: CIC/DEOIT/A/2021/648373, Date of Decision : 17/11/2022