CIC Penalizes FSL Officials Rs 50,000 for 'Willful Violation' of RTI Act, Slams Agency for Passing the Buck 'Like a Football' - 2025-07-22

CIC Slams Forensic Science Lab for "Willful Violation" of RTI Act, Imposes Rs 50,000 in Penalties on Officials

New Delhi: The Central Information Commission (CIC) has imposed a total penalty of ₹50,000 on two senior officials of the Forensic Science Laboratory (FSL), Delhi, for their "mala fide" and "deliberate" obstruction of information sought under the Right to Information (RTI) Act, 2005. Criticizing the FSL's "lackadaisical approach," Information Commissioner Vinod Kumar Tiwari observed that the responsibility for providing information was being "passed on like a football from one office to another."

The Commission has also issued a fresh show-cause notice to the Director of FSL, Ms. Deepa Verma, questioning why a penalty should not be imposed on her for failing to ensure compliance with the CIC’s repeated orders.

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A Two-Year Battle for Transparency

The case originates from two RTI applications filed by Amarpal Singh on August 22, 2022. He sought certified copies of purchase files and logbooks for several high-tech forensic instruments, including Video Measurement Sets, UFED physical pro-ruggedized kits, and high-speed forensic workstations, purchased by the FSL between 2009 and 2021.

Initially, the Public Information Officer (PIO) provided a vague reply, stating a response from the concerned division was awaited. Dissatisfied, Mr. Singh appealed to the First Appellate Authority (FAA), who directed the PIO to furnish the information. Subsequently, the PIO claimed the files were "not traceable." This led Mr. Singh to file a second appeal before the CIC.

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Arguments Before the Commission

Throughout multiple hearings, the appellant, Amarpal Singh, consistently maintained that the information was being deliberately withheld by the FSL, the custodian of the records.

The FSL's representatives, including the then PIO Dr. S. K. Paul, offered contradictory and evasive responses. At one hearing, the PIO claimed the information might be exempt under Section 8(1)(d) of the RTI Act (commercial confidence) but then agreed to provide it. In subsequent proceedings, officials from various FSL divisions—including Physics, Cyber Forensics, and Purchase—claimed they were not the custodians of the purchase files, which they argued should be with the central purchase branch.

The current PIO, Dr. Puneet Puri, informed the Commission that his predecessor, Dr. S.K. Paul, had failed to hand over any records or the case file upon his transfer, and that a show-cause notice had been issued internally against Dr. Paul for this lapse.

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Commission's Scathing Judgment and Penalties

Information Commissioner Vinod Kumar Tiwari came down heavily on the FSL for its handling of the case, which has dragged on for over two years without resolution.

“The Commission is irked to note that the PIO’s onus of replying to the instant RTI Application is being passed on like a football from one office to another. The Commission further notes that even after the lapse of more than 2 years of time, the Respondent Public Authority is yet to ascertain the actual custodian of the information. The Commission treats this as a blatant error and a willful violation of the provisions of the RTI Act for which the Respondents are admonished.”

Finding a "deliberate and mala fide" intent to obstruct information, the Commission invoked its powers under Section 20(1) of the RTI Act to impose penalties:

1. ₹25,000 Penalty on Shri K C Varshney (First Appellate Authority): In its order dated June 11, 2024, the CIC penalized the FAA for his "casual approach" and failure to ensure the Commission’s directions were complied with.

2. ₹25,000 Penalty on Dr. SK Paul (then PIO): In its latest order, the CIC imposed a further penalty of ₹25,000 on Dr. Paul. The Commission established that Dr. Paul was the actual record holder who deliberately misled the bench by shifting blame to other departments and remaining absent from proceedings.

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Final Decision and Further Action

The Commission has dropped penalty proceedings against three other officials after accepting their explanation that they were not the custodians of the untraceable files.

However, noting the persistent non-compliance, the CIC has issued a new show-cause notice to the FSL Director, Ms. Deepa Verma, for failing to oversee the implementation of its orders.

The current PIO, Dr. Puneet Puri, has been directed to provide the complete information to the appellant as soon as the files are handed over by his predecessor. The matter has been re-listed for a third show-cause hearing, signaling the Commission's resolve to ensure accountability. A copy of the order was also marked to the Principal Director of FSL to ensure compliance.