Penalty of Rs.25,000/- is imposed on CPIO, Vigilance Branch, Department of Posts, O/o PMG, Allahabad

Shri Shailendra Nath Pandey, the Applicant filed an RTI application dt.22.12.08 with the CPIO, O/o PMG, Allahabad requesting for information regarding disposal of petition dt.30.5.08 about his promotion to the post of Inspector of Post Offices under PH quota.  The Asst. Director, O/o PMG, Allahabad transferred the RTI application to Vigilance Branch, O/o PMG, Allahabad on 20.1.09. On not receiving any reply, the Applicant filed an appeal dt.20.3.09 with the Appellate Authority which was transferred by Shri R.S.Pal, A.D.P.S (Legal Cell) O/o CPMG, Lucknow, to Director Postal Services, O/o PMG, Allahabad on 2.4.09. On still not receiving any reply, the Applicant filed a complaint dt.27.5.09 before CIC. The CIC vide its order dt.30.10.09 directed the PIO to provide the information by 30.11.09 and to show cause in writing for the delay in furnishing information, by 4.12.09.

The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing for December 10, 2009. Shri S.K.Singh, CPIO and Shri R.Gurushankar represented the Public Authority. The Complainant was not present during the hearing.

Decision

Shri S.K.Singh, CPIO, O/o PMG, Allahabad vide his letter dt.1.12.09 in response to the show cause notice submitted that according to information given by the Supdt. of Post Offices, Ghaziabad, the Vigilance Branch was requested to provide the information vide letter dt.1.1.09 and that reply to the Complainant could not be given by the concerned branch of the office due to non-receipt of petition dt.30.5.08. He added that the first appeal dt.20.3.09 was also not received. On enquiry it came to light, (as per letter dated 23.11.09) that the petition of the Complainant was actually sent to SSPOs, Varanasi (East) Division and not to O/o PMG Allahabad vide letter dt.9.7.08. The petition of the Complainant was forwarded by SSPOs, Varanasi (East) Division to the CPMG, Lucknow vide letter dt.16.2.09. On receipt of information as detailed above, the Complainant was immediately replied to about further disposal of his petition vide letter dt.27.11.09

On reviewing the explanation provided by Shri S.K.Singh, the Commission observed that the RTI application was transferred to the Vigilance Branch on 1.1.09 and that Vigilance Branch has not provided the information. While inspecting the vigilance file brought by the Respondent to the hearing, the Commission observed that the CIC’s order dt.30.10.09 was available in the file indicating that the CPIO Vigilance section was aware of the fact that that he has to respond to the show cause notice and yet no official from the Vigilance Section attended the hearing. The Commission, therefore, holds the CPIO, Vigilance, O/o PMG, Allahabad as the deemed PIO under Section 5(5) of the RTI act and decided to impose a penalty u/s 20(1) of the RTI Act on him for not providing the information.

Accordingly, a penalty of Rs.25,000/- is imposed on CPIO, Vigilance Branch, Department of Posts, O/o PMG, Allahabad and the same will be recovered from his salary in five instalments @ Rs.5,000/- per month.

The Appellate Authority is directed to recover the amount of Rs.5,000/- from the salary payable to CPIO, Vigilance Branch, Department of Posts, O/o PMG, Allahabad (at the time the RTI application was transferred on 1.1.09) by way of Demand Draft drawn in favour of ‘PAO CAT’ in 5 equal monthly installments. The first installment should reach the Commission by 10th February 2010 with subsequent installments reaching on 10th of every month and the last installment by 10th June 2010. The Demand Draft should be addressed to Shri G.Subramanian, Under Secretary & Deputy Registrar, Central Information Commission, Club Building, Old JNU Campus, New Delhi 110 067.

CIC Decision No CIC/AD/C/2009/000950 dated 10.12.2009