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File No. CIC/SPMCO/C/2019/600964 + 600960 + 600957 + 600955 Date of Hearing: 25/03/2021
Date of Decision: 25/03/2021
The following were present
Complainant:Present over phone
Respondents:Shri Prakash Kumar, DGM (HR) and the then PIO, present over VC at CIC; Sidhartha Srivastava, present PIO, corporate office Submission made by Complainant and Respondent during the hearing:
The complainant submitted that the accusation on the applicant regarding filing numerous RTIs is not a healthy practise. He further requested the Commission to consider the act of the CPIO in not providing information as one with malafide intent. He further submitted that when it is clear that the PIO had not taken any assistance, the fact is clear that perjury occurred. He further alleged that the ISP Nashik had submitted a false affidavit in the WP before the Bombay High Court as the inward register shows that the RTI applications were received.
The present CPIO, Shri Siddharth Srivastava submitted that in this particular case, the appellant had not mentioned in point no (1), the mode of communication through which the CMD, SPMCIL had been made aware that Mr. V.Ramulu has made perjury by submitting false affidavit and hence this RTI application was considered vague and on the same subject matter he was filing multiple RTI applications which is causing disproportionate diversion of the resources of the public authority. It is only during the hearing that the complainant now mentioned that he had sent several mails to the CMD on the subject. Shri Prakash Kumar, the then CPIO again stated that on point no. 3 no assistance was sought and he reiterated the submissions given in the letter dated 09.10.2020.
The then CPIO Shri Prakash Kumar, DGM (HR) submitted that it would be in the fairness of things to state that the applicant has filed four RTI applications seeking the above mentioned information. The information sought on point no. 1 & 2 was not specific since the complainant had not provided the name and designation of the concerned authority who had made the CMD, SPMCIL
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aware that Mr Ramulu has made perjury by submitting false affidavit. In the absence of essential inputs from the complainant, the CPIO being the then PIO has informed him that there is no information available in reply to points no. 1 & 2 of all the four RTI applications.
He further submitted that in respect to point no. 3, since the complainant had not provided the name and designation of the concerned authority who had made the CMD, SPMCIL aware that Mr. Ramulu has made perjury by submitting false affidavit, the status from the office of CMD, SPMCIL could not be taken by the CPIO and hence the complainant was informed that no assistance was taken for disposal of all the four RTI applications. He further submitted that the he was nominated as PIO, Corporate Office from 19.12.2018 to 08.01.2019 due to the absence of the regular PIO, i.e. Shri V.Balaji, AGM(HR) for looking after RTI matters of HR department of Corporate Office and timely disposal of RTI applications.
The complainant contended that the Commission has heard similar cases before and the facts are very clear. By not taking assistance to provide a reply on point no. 3, clearly shows the malafide intention of the respondent CPIO. The complainant contended that he had made atleast 25 e-mails to the CMD on this subject matter and due to this, the complainant feels harassed and frustrated.
Observations:
It was found relevant to mention here that the Commission vide order dated 08.03.2021 had decided a similar issue of the same parties vide case no. CIC/SPMCO/C/2019/600956 and had held as follows:
"Observations:
From a perusal of the relevant case records and the submissions of the CPIO dated 04.03.2021, it is noted that the CPIO had stated that there was no material information available with them that could have been shared with the complainant while again holding that these were hypothetical questions.
During the hearing, it was enquired from the CPIO as to whether he has enquired from the CMD Office if any material information
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was available with them as the case was adjourned to provide an opportunity to the CPIO to prove that before giving the reply dated 04.01.2019 he had sought assistance from the concerned Section to conclude that no such information was available with them, to which he submitted that the complainant has alleged that there was a case of perjury and based on his allegations alone, no new information can be created. Since there was no concrete case of perjury and neither any record was available with them in any form, they gave a reply to that effect and when he being a PIO knows that such information is not available anywhere, the question of seeking any assistance from any other Section or officer does not arise. The Commission accepts the submissions of the CPIO and notes that it was only after concluding that there is no material information available with his organisation related to the point of perjury raised by the complainant, no information could be supplied.
Decision:
In view of the above, the Commission accepts the submissions of the CPIO and does not find any scope for further intervention in the matter."
It was also observed from the submissions of both the parties, that the mode was not mentioned by the complainant at the time of filing the RTI applications and therefore, in good faith the reply was given. The Commission finds no malafide intent in the reply given by the CPIO.
Decision:
In view of the above, the Commission accepts the submissions of the CPIO and does not find any scope for further intervention in the matter. The complaints and the showcause proceedings are disposed of accordingly. Vanaja N. Sarna(वनजा एन. सरना)
Information Commissioner(सूचना आयु )
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Authenticated true copy (अिभ मा णतस या पत ित) A.K. Assija (ऐ.के. असीजा) Dy. Registrar (उप-पंजीयक) 011-26182594 /
दनांक/ Date
Copy to:
1. Prakash Kumar, the Then CPIO, Security Printing & Minting Corporation of India Ltd. (SPMCIL) Corporate Office, 16thFloor, JawaharVyapar Bhawan, Janpath, New Delhi - 110 001
2. Central Public Information Officer Security Printing & Minting Corporation of India Ltd. (SPMCIL) Corporate Office, 16thFloor, JawaharVyapar Bhawan, Janpath, New Delhi - 110 001
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