Former CPIO Cleared in RTI Non-Compliance Case

The former CPIO was directed by the Central Information Commission to explain non-compliance with an RTI application response. The Commission adjourned the penalty hearing for the former CPIO to provide written submissions. Subsequently, the former CPIO clarified that another officer should have responded and explained RTI-related issues during his tenure. Satisfied with his compliance, the Commission dropped the penalty proceedings and directed the public authority to assist him. No disciplinary action was recommended, and the complaint was closed after the required information was provided to the complainant, who was satisfied with the response.

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Issues:
1. Non-compliance with RTI application response by the then CPIO.
2. Imposition of penalty under section 20 of the RTI Act.
3. Disciplinary action against the former CPIO.
4. Compliance with the Central Information Commission's orders.

Issue 1: Non-compliance with RTI application response by the then CPIO
The Central Information Commission had directed the former CPIO, Shri Nirmal Singh, to show cause for not replying to an RTI application within the stipulated time period. The Commission noted that Ms. Asha Sota, a subordinate to the CPIO, might have had to act as per the CPIO's instructions. The former CPIO, being responsible under the RTI Act, was required to explain why he had not responded to the RTI application under his signature, potentially abdicating his statutory responsibility. The Commission adjourned the penalty hearing and directed the former CPIO to be present with written submissions.

Issue 2: Imposition of penalty under section 20 of the RTI Act
In compliance with the Central Information Commission's order, the former CPIO, Mr. Nirmal Singh, appeared before the Commission and explained that Ms. Asha Sota, as the appointed PIO, should have responded to the RTI application. Mr. Nirmal Singh, a pensioner surviving on his pension, clarified the RTI-related issues during his tenure as CPIO. The Commission, satisfied with his compliance and explanation, dropped the penalty proceedings. The Commission directed the public authority to provide necessary assistance to Mr. Nirmal Singh, including reimbursing his expenses for attending the Commission.

Issue 3: Disciplinary action against the former CPIO
The Commission considered the former CPIO's compliance with its order and dropped the penalty proceedings after being satisfied with his explanation. Mr. Nirmal Singh's explanation regarding the RTI application and his compliance with the Commission's order led to the Commission's decision to not recommend disciplinary action against him.

Issue 4: Compliance with the Central Information Commission's orders
The CPIO informed the Commission that the required information had been provided in response to the RTI application, and the complainant had acknowledged its receipt. The Commission noted the complainant's contribution to improving the RTI system and record-keeping within the public authority. Consequently, the Commission closed the complaint as the necessary information had been provided, and the complainant was satisfied with the response.

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