JUDGMENT :

Prathiba M. Singh, J.

1. This hearing has been done through hybrid mode.

2. The present petition has been filed by the Petitioner-Damodar Valley Corporation (hereinafter ‘DVC’) challenging the impugned order passed by the CIC dated 16th October, 2018. The matter arises out of RTI application filed by Respondent No.2- Mr. Soumen Sen dated 26th June, 2016 to Respondent No.3- National Commission for Women (NCW) seeking information to the following effect:

“(1) How many prevention of sexual harassment cases for lady employees at workplace in Damodar Valley Corporation (DVC) are intimated as per records to NCW since 2012 to till date? Yearwise details required.

(2) How many cases are solved in DVC as mentioned above till date as per guidelines of NCW? Yearwise details required.

(3) How many cases are pending as mentioned above and why? Yearwise details required.

(4) Paromita Banerjee Sen, Junior Engineer, Communication dept, DVC, Maithon

Vs Shambhu Das, Assistant Engineer, Communication dept DVC, Maithon This case was filed on 16/03/2012. Is this case recorded in NCW from report submitted yearly by DVC?

(5) What are the procedures maintained and implemented in the above case (as in Q.4) as in records of DVC intimated to NCW as per records?

(6) What is the present status of the case in Q.no. 4 do in DVC intimated to NCW?”

3. The NCW vide e-mail dated 30th May, 2017 forwarded the same to DVC. The DVC vide its reply dated 23rd June, 2017 informed the status of the sexual harassment complaint filed by Respondent No. 2’s wife against one of the engineers at DVC. The said reply also annexed therewith 30 pages of documents and other details in relation to the said complaint.

4. Thereafter, vide another letter dated 16th June, 2017 in respect of the remaining queries, the response was given by DVC. However, the RTI Applicant was not satisfied and he, accordingly, approached the Appellate Authority and thereafter, the Central Information Commission.

5. A notice dated 23rd March, 2018 was received by the DVC for a scheduled hearing on 17th April, 2018. DVC through the CPIO submitted a reply dated 12th April, 2018 stating that the DVC has already provided the information that was sought.

6. The Central Information Commission has, vide the impugned order dated 16th October, 2018, passed an order imposing cost of Rs.1,00,000/- on DVC. A penalty to the tune of Rs.25,000/- has also been imposed on the CPIO. The operative portion of the CIC’s order reads as under:

“7. Upon perusal of the records and submission made by the parties, the Commission finds that information has been provided only after the intervention of this Commission and order of the Commission has been complied with. The National Commission for Women claimed that it has promptly transferred the RTI application to the Damodar Valley Corporation and that it had no power to monitor the action taken on such complaints of sexual harassment. It is sad to hear such contention from the apex body that is expected to secure the rights of women by goading offices and officers act at least on complaints. The NCW cannot shirk its responsibility in such cases. The NCW is not a post office to simply forward the complaints to concerned accused office and wash off hands. The Officers should consult the Chairperson and members before making such claims. As sexual harassment cases emerging from the Indian entertainment and media, industry under the "MeToo" movement, the NCW on October 10, 2018 appealed to the affected women to lodge written complaints and assured of all possible help. It said: "The National Commission for Women (NCW) has noticed that in many such cases, victims do not want to go beyond naming and shaming the alleged offenders and lodge formal complaints. In such cases, the commission urges them to lodge written complaints with authorities concerned, including with, the NCW." The NCW said that it has taken a serious note of sexual harassment cases reported in the media and strongly conde