April 9, 2011

The Third Triumph



Taking note of the delay in responding Right-To-Information Act applications within the mandated period, the Chief Information Commissioner (CIC) recently imposed two penalties of Rs 25,000 each on the Registrar of MNIT.
The applicant, Asso. Professor Dr. S.D.Bharti sought information on composition, power, functions and action taken report on grievance committee faculty on January 11, 2010. After he was denied information within the mandated time, Dr. Bharti filed a complained before the commission seeking their intervention in acquiring information after 30 days.
On January 5 this year, the CIC issued a notice to the respondents seeking explanation as to why the maximum penalty should not be imposed. A written submission was also demanded for the cause of delay. The CIC asked the respondent to appear before it on April 7 2011 for hearing. Fearing strict action, the Central Public Information Officer (CPIO) gave some information to Dr. Bharti on January 28. During the hearing, Dr. Bharti challenged the information as incorrect and incomplete.
The CIC, after examining application and reply, observed that information provided is "incorrect and incomplete". "The delay and inaction on the part on CPIO in providing information amounts to willful disobedience of the commissions' directions and also raises doubt that denial of information may be malafide" the CIC said.
The worst doesn't end here for the Registrar. In another hearing on same day, the CIC imposed penalty of Rs 25,000 for delay and denial of information on false grounds. The applicant Dr. Bharti, who is fighting a legal battle against MNIT, for his promotion due for past four years, sought information on complete process on pay fixation and promotions on March 8, 2010.
He was denied information by stating it was a "sub judice matter''. He again filed a complaint with CIC which issued notice to the respondent calling it an "illegal excuse to deny information" and asked to the registrar to appear before CIC on April 7 2011. After the hearing, CIC passed an order directing Director of MNIT to recover Rs 25,000 from the salary of Registrar. The total amount of Rs 25,000 will be remitted by September 2011.

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