The failure of the CPIO to respond to an RTI application within the stipulated time constitutes a violation of the Right to Information Act, warranting accountability measures.

O R D E R

1. The Complainant filed an RTI application dated 15.06.2023 seeking information on the following points:

(i) Kindly provide the photocopies of each month attendance of all staff members working in IGNOU Rc Sgr from 1st march 2022 to May 2023.

(ii) Kindly give the reason why Javeed Ahmad Bhatt salary has been issued on 04/05/2023 on separately when salary of the all staff members was released before one day as 03/05/2023.

(iii) As per the attendance register of IGNOU Rc Sgr Staff remained absent or on leave from the duty in past for many days and same in April 2023 month some of the staff members of IGNOU Rc Sgr was absent/on leave. Kindly provide the reason on what capacity IGNOU Regional Director Sgr has released their full month salary in the month of April 2023 as marked absent/leave staff and deducted 4 days salary to Javeed Ahmad Bhat in the same month April 2023.

(iv) Is PIO IGNOU Rc Sgr agreed to my points that releasing of full month April 2023 salary to some staff, when they was on leave or absent from their duty and deducted salary in the month of April 2023 to a particular person namely Javeed Ahmad Bhat is a violation of issuing orders by Hon’ble Ministry of Labour Govt. of India.

2. Having not received any response from the CPIO, the Complainant filed a First Appeal dated 31.07.2023. The FAA vide order dated 18.08.2023 directed the CPIO to provide point wise information to the Appellant directly on all the requests.

3. Aggrieved with the FAA’s order, the Complainant approached the Commission with the instant Complaint dated Nil.

4. The Complainant and on behalf of the respondent Mr. Bhawar Singh, Assistant Registrar, attended the hearing through video conference.

5. The Complainant inter alia submitted that no reply had been furnished by the Respondent till date. He requested the Commission to direct the respondent to provide the information, as sought.

6. When enquired by the Commission regarding a reply to the RTI application, the respondent submitted that he had joined the office as CPIO in the month of May, 2024 and he was not aware about whether the then CPIO replied to the RTI application or not. 7. The Commission after adverting to the facts and circumstances of the case, hearing both parties and perusal of records, observes that a reply to the RTI application has not been furnished by the CPIO. Moreover, the present CPIO, Mr. Bhawar Singh, Assistant Registrar is not well prepared with the facts of the case as he did not know whether the RTI application was replied by the then CPIO or not. Further, the present CPIO has not made any efforts to respond to the RTI application even upon receipt of hearing notice. Furthermore, Mr. Bhawar Singh, Assistant Registrar, failed to explain the cogent reasons for such inordinate delay. In view of the above, the Commission expressed its displeasure over the conduct of the then CPIO and present CPIO i.e Mr. Bhawar Singh, Assistant Registrar for not responding to the above-mentioned RTI application within the stipulated time frame. In view of this, the Commission issues a Show-cause notice to the then CPIO and Mr. Bhawar Singh, Assistant Registrar, as to why action under Section 20(1) of the RTI Act should not be initiated against them for not responding to the RTI application within stipulated time, along with the comments of the First Appellate Authority by uploading on http://dsscic.nic.in/online-link-paper- compliance/add, within 25 days from the date of the receipt of this order. Mr. Bhawar Singh, Assistant Registrar is directed to furnish a reply to the RTI application within 15 days from the date of receipt of this order, under intimation to the Commission and send a copy of this order to the then CPIO, within 05 days from the date of the receipt of this order. All the written explanations from both CPIO’s must reach the Commission within 25 days from the date of receipt of this order. With this observation and direction, the complaint is disposed of.

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