LODGE FRESH FIR AND FILE FRESH AFFIDAVIT, COMPENSATE APPELLANT, CIC ORDER TO ALL INDIA RADIO. NEW DELHI.
M K Gupta
The Central Information Commission has ordered News Service Division of All India Radio, New Delhi to file fresh affidavit and also register an FIR again in respect of missing file and documents, as was claimed by the D.K. Das, CPIO (Now Retired). Mrs. Annapurna Dixit, Central Information Commissioner has given these direction in the case of Mahendra Kumar Gupta, a resident of Sector 6, Dwarka, New Delhi. Gupta was working as temporary with the News Service Division of All India Radio, New Delhi. He said that he filed some RTI applications with the Department and alleged that he has been removed for filling the applications. When the CIC forced the AIR to give information for the reasons of his removal, in a noting of September, 2008 sent to the applicant, J.D. (N.R), AIR said that his (applicant) bonafides are doubtful, Hence such a persons cannot be put on Duty. When he asked to substantiate this, CPIO first stated that documents are not readily traceable and after that he said that these are missing/ lost during the shifting of office which took place in March, 2007. Though, in the start, different reasons for the removal of applicant were given including that he does not deserve for the post or does not operate computer properly though he was working there as temporary for the last six years. In the order, Commission said that the CPIO has failed to issue the show cause notice to the officers responsible for the lapse and delay in action. On the CIC order to lodge an FIR by the end of September, 2010, the same was lodged on 25.11.2010 and in the FIR, the date of occurrence (missing the documents/ file) was stated as on 22nd Sept. 2010 while in the affidavit, it was informed that the document were lost on a much earlier date.
CIC has directed the new CPIO to submit a fresh affidavit giving the exact and correct information, file a fresh and appropriate FIR again for the loss of file/ documents and pay a compensation of Rs. 7,000/- to the applicant for the detriment/ mental harassment suffered by him and for deprivation of his fundamental Right to Information. Mrs. Dixit, Information Commission also said that in view of the fact that the CPIO has retired, no penalty proceeding can be initiated and the case does not merit invocation of Rule 8 or Rule 9 of the CCS (Pension) Rules. She also directed the All India Radio to give strict warning to all the staff who are found even indirectly connected with the case abut the need for ensuring strict compliance with the Commission's order and to provide all information and compensate the applicant by 20.3.2011.
The applicant has served a notice on 9th Febrabury to the concerned official of the Public Authority to inform the basis of the remarks about his bonafides and told him that in the absence of a reply within a month, he shall be constraint to file a case for such
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