J K Gupta
This case is of Mr Jai Kant Gupta versus CIC. Mr Gupta is working as Senior Accountant in National Projects Construction Corporation (NPCC) in its Matigara unit. As the payment of salaries and allowances in the unit was delayed by more than 18 months at that time, he filed application under RTI Act seeking the copy of the NPCC rules which governs the payment of salaries and wages. As he received no reply, he filed first appeal and the Appellate Authority asked the PIO to provide correct information within 3 days. The PIO provided old rules (of 1959, which was later replaced by 1964 rules). CIC accepted the deposition of Mr Gupta and asked the PIO to provide correct information and also issued notice to the PIO as to show cause why penalty be not imposed on him. CIC also issued notice to the Appellate Authority why compensation of Rs 20,000.00 be not awarded to the Mr Gupta for the detriment caused by not providing the information.
NPCC in his reply informed to the CIC that as the applicant is posted in finance department as Drawing and Disbursing Officer (which is not correct), he must be aware to the rules and thereby there is no question of either penalty or compensation. CIC accepted this contention and closed the matter. At this stage, it is also important to indicate that the information which was ordered by CIC to be provided has also not been provided so far. Frustrated, Mr Gupta filed a new application under RTI act for seeking the same rules and then he got it.
For the operation of the first order of the CIC with respect to imposing penalty and also to grant compensation; and also to challenge validity of closing the file by the CIC, the writ was filed. In the hearing, the court instructed petitioner to provide the reply to the contention of the NPCC that as the petitioner is “Drawing and Disbursing Officer”, how come he does not have the copy of the rules with him. Petitioner is filing the affidavit that Mr Gupta is not the Drawing and Disbursing Officer and the copy of the rules are not available in the Unit office at all. In support of this affidavit, petitioner is attaching the reply of the Unit Officer (who is actually Drawing and Disbursing Officer) that the copies of the rules are not available in the Matigara unit office. Pettiioner is also attaching the deposition of a senior officer in some enquiry in which he said that the rules are not available since 1979, when he joined NPCC.
Further on the contention of the opposite parties that the rules are available on website,petitioner is informing the Hon’ble Court that the website was updated quite recently and the copy of the old rules are posted there. New rules still remains unpublished.
The Delhi High Court ruled for J K Gupta and remanded the case to CIC for further proceedings.