Central Information CommissionShri S.R. Hussain vs National Projects Construction ... on 31 July, 2008CENTRAL INFORMATION COMMISSION
                              .....
                                      F.No.CIC/AT/A/2007/00855
                                        Dated, the 31st July, 2008.

 Appellant      : Shri S.R. Hussain

 Respondents : National Projects Construction Corporation LimitedThis is a complaint by Shri S.R. Hussain against the holder-of-
information, Shri A.K. Mahajan for delay in providing information in respect of
the appellant's RTI-application dated 09.03.2007.2.     Notices dated 12.03.2008 were issued to the holder-of-information,
Shri A.K. Mahajan underSection 20(1)of the RTI Act and, to the head of the
public authority, viz. Chairman & Managing Director, NPCC underSection
19(8)(b)of the RTI Act for award of compensation to the complainant.3.    Parties were called for a hearing on 10.03.2008 and 29.05.2008. In the
second hearing, the holder-of-information, Shri Mahajan was present.
The head of the public authority was represented by Shri Budh Ram.4.    The chronology of the events in this case is as follows:-Event                                 Date
       Appellant filed his RTI-application                         09.03.2007
       CPIO sent an interim reply to appellant                     09.04.2007
       Appellant filed his first-appeal against deemed             16.04.2007
       refusal
       AA passed an order (Information corresponding to            17.05.2007
       Items 2 to 6 was ordered to be supplied within 15
       days - free of cost. Item 1 was not traceable)
       CPIO made reference to P&A Division                         21.05.2007
                                                                  & 29.05.2007
       Appellant filed his second-appeal before the                26.06.2007
       Commission
       P&A Division's reply sent to the CPIO                       13.08.2007
       CPIO conveyed the P&A Division's reply to the               14.08.2007
       appellant5.     From the above, it is manifest that Shri Mahajan as holder-of-information
not only initially delayed transmission of information to the complainant, he even
contravened the order of the Appellate Authority, dated 17.05.2007 to disclosePage 1 of 3the information within 15 days of that order. Contrary to the provisions of theRTI Act, an information which should have been given to the complainant within
30 days of his filing the RTI-application, took nearly five months to finally reach
his hands.6.     The explanation for the delay urged by the respondents was that the
complainant was a serial petitioner who has been asking the same type of
questions through multiple applications. It was noted from the replies submitted
by the respondents that there was an attempt to somehow explain away the
delays and to escape accountability for it. The usual plea of workload, etc. was
taken. It was noted that there was overt negligence and lack of attention by the
respondent, Shri A.K. Mahajan in furnishing replies to the complainant.
He compounded his problem by not adhering to the time-limit set by the AA, in
his order, in furnishing the information to the complainant in respect of queries at
Sl.Nos.2 to 6 in the appellant's RTI-application. The CPIO wrote to the
holder-of-information, through his communications dated 21.05.2007 and
29.05.2007, to comply with the AA's order, but even that was not enough to spur
Shri Mahajan into action.7.    In consideration of the above, it is my considered opinion that there are no
reasonable grounds that would mitigate the default of the holder-of-information
Shri Mahajan. His failure to supply information was with full knowledge of the
consequence of his action and, was in the face of it, a palpable act of negligence.8.     It is, therefore, directed that a maximum penalty @Rs.250/- per day for
126 days (from 10.04.2007 to 12.08.2007), but not exceeding Rs.25,000/- be
imposed on Shri A.K. Mahajan for the delayed supply of information to the
appellant.9.     The respondents submitted during the hearing that Shri A.K.Mahajan had
since left the National Projects Construction Corporation (NPCC) Limited and
joined the Cauvery Water Dispute Tribunal as its Registrar.10.   The Secretary, Ministry of Water Resources (being head of the
administrative Ministry of the Tribunal) is, therefore, directed that the penalty
amount be recovered from Shri Mahajan's salary commencing from the month of
September-2008 in four monthly installments of Rs.7,000/- in the first month and
Rs.6,000/- for each of the three months following September-2008.11.    CCA of the Ministry of Water Resources is directed to ensure that the
penalty is duly recovered from the salary of Shri Mahajan as directed at para 8 &
9 above and is credited as per directions in the enclosed instructions.Page 2 of 312.   The head of the public authority, viz. the Secretary, Ministry of Water
Resources shall ensure that the recoveries are made as directed and intimate the
recoveries to the CIC after each monthly installment is recovered.13.   The complaint is disposed of with the above directions.14.   Copy of this decision be sent to the parties.Sd/-( A.N. TIWARI )
                                             INFORMATION COMMISSIONER
Authenticated by -Sd/-( D.C. SINGH )
Under Secretary & Asst. RegistrarPage 3 of 3