N.K. Gupta
Central Public Information Officer &
Joint Director, P&S
Directorate of Purchase & Store,
Vikram Sarabhai Bhavan,
Anushaktinagar,
Mumbai – 400 09
Dear Sir,
I take this opportunity to intervene in the matter (as the same is in the public domain now) of Dr. Sandeep Kumar Gupta, 1778. Sector 14, Hisar, Haryana125001 Appellant Versus Central Public Information Officer, Directorate of Purchase & Store, Vikram Sarabhai Bhavan, Anushaktinagar, Mumbai – 400 094 Respondent Public Authority in Case No. CIC/SM/A/2012/001398 decided on 08 March 2013 by Hon'ble Satyananda Mishra, Central Chief Information Commissioner.
In this case in para 6 of the order had ordered, besides other, that:
"We direct the CPIO to revisit the entire set of records relating to this particular transaction and to provide to the Appellant the copies of all those records within 10 working days of receiving this order unless he has reason to believe that looking to the volume the records, the collection and disclosure would result in disproportionate diversion of their resources. In the latter case, while providing any of the information, he can invite the Appellant to inspect the entire records. We also direct him to inform the Appellant about any action the Directorate might have ever taken against this particular firm and provide the copies of the relevant records."
These directions of the commission have certainly not followed in toto. Rather the CPIO has making the "inspection" as a tool to avoid parting with information. This is a very sad state of affairs at this public authority in particular and in other Public Authorities in general.
Moreover, nowhere the Right to Information Act 2005 says that the Commission or the Central Public Information Officer or the Public Authority can invite the Applicant to inspect the record. Inspection is the sole prerogative of the Applicant under Section 2(j)(i) or as per Explanation to Section 4 of the Right to Information Act 2005. Commission cannot force the information seeker to resort to the inspection. It is the sole choice of the information seeker to go in for inspection. If information seeker does not choose the inspection route, there is nothing that can force him/her to resort to that.
In the repeated request to the Central Public Information Officer of Directorate of Purchase & Store, Vikram Sarabhai Bhavan, Anushaktinagar, Mumbai has been repeatedly asking the information seeker to visit Mumbai and inspect the record even if the information seeker has expressed his fear to his life and liberty if he choose to carry out the 'impugned' inspection. PIO has not quelled the fear of the information seeker. Rather Central Public Information Officer is stressing upon the inspection. Central Public Information Officer is targeting many scenarios. One, CPIO is shooing away the information seeker with the fear of life and liberty. Second CPIO is gaining the gaining vital time to fiddle with the records. Third, he need not to give information till he is forced to through his nose.
Secondly, the conduct of Mr. N.K. Gupta Public Information Officer & Joint Director, P&S, Directorate of Purchase & Store, Vikram Sarabhai Bhavan, Anushaktinagar, Mumbai – 400 094, is arrogant and not of being an Public Servant of the Public Authority, as is evident from his letter (email of Tue, Apr 30, 2013 at 5:08 PM Subject: [IAC] Information sought under Right to Information Act 2005 to the mailing list: india.lists.resist.ca Filter messages from this mailing list mailed-by: lists.resist.ca from his email id - nkgupta@dpsdae.gov.in via lists.resist.ca reply-to: India Activists Collective india@lists.resist.ca to: drsandgupta@gmail.com with cc to the following email ids:
pradeep@barc.gov.in,
india@lists.resist.ca,
khopkar@dpsdae.gov.in,
skm@dae.gov.in,
ashrivas@dpsdae.gov.in,
admo3@dpsdae.gov.in,
nicnet@lists.resist.ca,
s.mishra@nic.in
Your use of the language - "serious, baseless and malicious allegations against a public authority and distorted the facts by saying that information has been denied to you as directed by CIC vide their order No. CIC/SM/A/2012/001398 dated 08th March 2013" – can be termed as a sheer act of superiority and beyond your authority as a Central Public Information Officer
In fact your (Mr. N.K. Gupta) own conduct is illegal (as per Right to Information Act 2005 as well as with respect to the above cited order of the commission; and amounts to "misconduct" as per the service rules applicable on you. The arrogance has gone into you head and you are openly deifying the law.
Not only this, you are threatening the information seeker "Your intent to malign the department by baseless allegations and usage of unparliamentarily language against a public authority may lead to initiation of legal action by the Department".
It is time that you may behave and provide the certified copy of the desired file to the information seeker for which the commission has already ordered you to provide within 10 days from the date of receipt of order. The information seeker has already refused to carry out the inspection, and he is within his right to do so. You have not, at any stage, invoked the provisions of Section 7(9) of the Right to Information Act 2005; and you cannot do that at this stage now.
Copy of the order in Case No. CIC/SM/A/2012/001398 decided on 08 March 2013 by Hon'ble Satyananda Mishra, Central Chief Information Commissioner, is attached for ready reference and records.
A copy of this mail is being endorsed to the CIC.
Very Cordially yours,
Surendera M. Bhanot
A copy of above is forwarded to:
1. Shri Satyananda Mishra, Chief Information Commissioner, – w.r.t. Order No. CIC/SM/A/2012/001398 dated 08th March 2013.
2. Shri S.K. Malhotra, Head, Public Awareness Divn., Department of Atomic Energy, Anushakti Bhavan, CSM Marg, Mumbai - 400 001. email: skm@dae.gov.in
3. Dr.K.S. Pradeepkumar, Head, RSSD, BARC, email: pradeep@barc.gov.in - w.r.t. indent No.BARC/MLZ/HPD/0/09-10/1998 dated 17.04.2009.
4. Dy.Director, P&S-I, DPS.
5. APIO/Admn.Officer,DPS.
6. Dr. Sandeep Gupta – Information Seeker.
7. Mr. Sarbajit Roy – representative of Information Seeker
8. Mr. P.C. Bali – President, Rights Awareness International Society, Amritsar.
9. Mr. Sanjay Mishra – Correspondent, TriCity Weekly, Chandigarh
10. Ms. Sucheta Dalal – Moneylife, Mumbai
11. Press in general
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