SUBODH ABBHI Vs. CENTRAL PUBLIC INFORMATION OFFICER

JUDGEMENT

(1.) THIS matter pertains to an RTI application dated 6.3.2014 filed by the Complainant, seeking information regarding policy, guidelines approved by the Ministry of Petroleum and Natural Gas regarding opening of more retail outlets and proposal sent by OMCs on 6.12.2013 to the Ministry of Petroleum and Natural Gas. The CPIO, Shri G.S.V. Prasad, responded on 17.3.2014 and stated that copies of the documents/correspondence sought by the Complainant did not affect him (Complainant) in any way and served no public interest. He further stated that in view of the above, the Respondents were unable to part with the information under Section 8(1)(j) of the RTI Act. He, however, stated that copies of letters of the Ministry of Petroleum and Natural Gas could be obtained from that Ministry's website. The Complainant filed a complaint dated 4.4.2014 to the CIC, which was received by the Commission on 23.4.2014.

(2.) THE Complainant stated that the information sought by him was not provided and prayed for imposition of penalty on the CPIO under Section 20 of the RTI Act. The Respondents stated that the policy and guidelines of the Ministry of Petroleum and Natural Gas were available on the website of that Ministry and the Complainant was informed accordingly. In response to our query, they stated that no proposal dated 6.12.2013 was sent by them to the Ministry of Petroleum and Natural Gas. They had no explanation on why this position was not conveyed to the Complainant. We also note that there was no ground whatsoever for the CPIO to invoke Section 8(1)(j) in this case.

(3.) WE have considered the records and the submissions made by both the parties before us. It is clear that invocation of Section 8(1)(j) by the CPIO was not justified. Further, he gave no response whatsoever to the second query regarding the proposal sent on 6.12.2013. The result is inordinate delay in provision of information to the Complainant in regard to this particular query. In view of the foregoing, we direct Shri G.S.V. Prasad, former CPIO to appear before us on 30th June 2015 at 10.45 a.m. through video -conferencing to show cause why he should not be penalised in terms of the provisions of sub -section (1) of Section 20 of the RTI Act for his failure to provide information in response to a part of the RTI application dated 6.3.2014 within the time -frame stipulated in the RTI Act. His written submissions, if any, should reach the Commission's office by 23.6.2015. The venue for video -conferencing for Shri G.S.V. Prasad will be as follows: - NIC District Centre,District Collectorate Office,Mumbai City, Old Custom House Fort,Mumbai -400001 Shri M.P. Deshpande, Scientist -D & DIO & Shri Bhushan Gawande, Scientist -C & DIA 022 -22679916/22664232/9819263472.