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CIC : Non-compliance of specific directions of the Commission is deliberate obstruction to the flow of information under RTI Act

के न्द्रीय सूचना आयोग
Central Information Commission
बाबागंगनाथमागग,मुननरका
Baba Gangnath Marg, Munirka
नईदिल्ली, New Delhi – 110067

नितीय अपील संख्या /Second Appeal No. CIC/NALCO/A/2017/193575

Dr. Puspalata Rout … अपीलकताग/Appellant
VERSUS
बनाम

CPIO, National Aluminium …प्रनतवािीगण /Respondents
Company Ltd, Bhubaneshwar

ORDER
1. The Commission, vide order dated 21.11.2017 disposed of the appeals number CIC/NALCO/A/2017/193575 and CIC/NALCO/A/2017/107975 and directed the CPIO to:

i) provide a copy of the Record Retention Schedule as well as the order of the Competent Authority for the destruction of the attendance register for the year 1989-90, to the appellant within a period of four weeks from the date of receipt of a copy of this order, and
ii) grant one more opportunity to the appellant to inspect all the relevant records pertaining to the information sought in her RTI application on a mutually decided date and time as per the provisions of the RTI Act and to allow the appellant to take photocopies of documents, free of charge upto 50 pages, after severing the information which is not disclosable as per the provisions of the RTI Act. The above directions shall be complied with, within a period of four weeks from the date of receipt of a copy of this order.
2. The appellant submitted an application dated 19.02.2018 alleging Non- compliance of the directions of the Commission by the respondent.

3. The Respondent filed letters dated 21.12.2017 and 09.02.2018 submitting that the directions of the Commission, as laid down vide order dated 21.11.2017 have been duly complied.

Hence the Commission fixed a hearing to adjudicate the Non-compliance proceedings.

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Hearing:

4. The appellant Dr. Pushpalata Rout and the respondent Sh. Javed Reyaz, CPIO, NALCO attended the hearing through video conferencing.

5. The appellant stated that a copy of the Record Retention Schedule as directed by the Commission vide the order dated 21.11.2017, has not been made available to her.

6. The respondent urged that the appellant had been provided inspection of the records on 23.12.2017 and 09.02.2018. Minutes were prepared on both the instances of verification/inspection of records and have been submitted before the Commission. The respondent further stated that a copy of the Record Retention Schedule could not be provided as there is no such schedule available in the DPS School.

Decision:

7. The Commission, after hearing submissions of both parties and perusal of the records, notes that the respondent [represented by Shri S.S. Panda, AGM(HRD), NALCO] during the hearing held on 21.11.2017, had categorically submitted as under:

“…. The respondent further submitted that the attendance register, being more than 5 years old, was destroyed as per the Record Retention Schedule of the organization”
8. The respondent’s stance that no such procedure for destruction of records is available at DPS, NALCO contradicts their own earlier submission. In view of such evident contradiction in the submissions of the respondent, leading to non compliance of specific directions of the Commission and deliberate obstruction to the flow of information, the Commission directs the Registry of this Bench to issue a Show Cause Notice to Shri S.S. Panda, AGM(HRD), NALCO for explaining as to why action under Section 20(1) of the RTI Act should not be initiated against him.

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9. With the above observations, the non-compliance petition is disposed of.

10. Copy of the decision be provided free of cost to the parties.

Sudhir Bhargava (सुधीर भागगव) Chief Information Commissioner (मुख्य सूचना आयुक्त) दिनांक / Date 07.02.2019 Authenticated true copy (अनभप्रमानणत सत्यानपत प्रनत) S. S. Rohilla (एस. एस. रोनिल्ला) Dy. Registrar (उप-पंजीयक) 011-26186535 / do.cicsb@cic.nic.in Addresses of the parties:

1. The Central Public Information Officer (CPIO), National Aluminium Company Ltd., NALCO Bhawan, Plot No. P/1, Nayapalli, Bhubaneshwar-751013

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