24/09/2019
The Right To Information Act, 2005
The Information Technology Act, 2000
Section 20(2) in The Right To Information Act, 2005
Section 20(1) in The Right To Information Act, 2005
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Central Information Commission
Vivek Mishra vs Institute Of Cost Accountants Of ... on 12 July, 2018
Author: Sudhir Bhargava
CENTRAL INFORMATION COMMISSION
Room No. 302, CIC Bhawan, Baba Gang Nath Marg,
Munirka, New Delhi-110067
CIC/ICWAI/A/2017/133829, dated 11.07.2018
Vivek Mishra vs. CPIO, The Institute of Cost Accountants of India,
Kolkata
Relevant dates emerging from the appeal:
6
RTI: 01.12.2016 FA: 18.01.2017 Appeal: 17.05.2017
CPIO: 20.12.2016 FAAO: 16.02.2017 Hearing: 10.07.2018
ORDER
1. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), The Institute of Cost Accountants of India, Sudder Street, Kolkata seeking information on four points pertaining to Convocations, including, inter-alia (i) as to when was it resolved that Convocation would be organised - copy of minutes of the meeting, (ii) whether there is any criteria for getting the facilitation of Convocation - eligibility criteria of the facilitation of Convocation and reason for making such eligibility criteria and (iii) budgeted cost of Convocation and the actual cost of Convocation incurred during the last 3 years.
2. The appellant filed a second appeal before the Commission on the grounds that complete information has not been provided by the CPIO and the FAA. The appellant requested the Commission to direct the CPIO to provide complete information immediately free of cost, to impose a penalty on the respondents under Section 20(1) of the RTI Act, to recommend disciplinary action against the respondents under Section 20(2) of the RTI Act and to direct the public authority to make entry in the Service Book/Annual Performance Page | 1 Appraisal Report of the respondents for defying the provisions of the RTI Act, 2005.
Hearing:
3. The appellant Shri Vivek Mishra and the respondent Shri A.K. Dey, Assistant Director, The Institute of Cost Accountants of India, Kolkata, attended the hearing through video conferencing. The respondent Ms. Vibhu Agarwal, PIO, The Institute of Cost Accountants of India, New Delhi was present in present.
4. The appellant submitted that vide point no. 4 of the RTI application he had sought the detailed list of all income and expense of Convocations during the last 2 years. However, he was informed that all expenses are booked directly to the Student Convocation expenses and head-wise expenses are not maintained in the books of accounts. The appellant stated that the annual expenditure on the Convocation is more than Rs. 30 lakhs. Hence, it is improbable that head-wise expenses are not maintained. Thus, correct information has not been provided to him on point no. 4 of the RTI application.
5. The respondent reiterated that no separate head-wise expenses are maintained in the books of accounts of the Institute and all expenses related to the Student Convocation, each year, are booked directly to the Student Convocation as an event. The respondent also clarified that the budget is also not made head-wise. Hence, correct information has been furnished to the appellant.
Decision:
6. The Commission, after hearing the submissions of both the parties and perusing the records, observes that normally in an organization, it is expected that expenses are maintained head-wise. The Commission, therefore, directs the CPIO to file an affidavit with the Commission deposing that all expenses related to the Student Convocation, each year, are booked directly to the Page | 2 Student Convocation as an event and head-wise expenses are not maintained in the books of accounts. A copy of the affidavit shall also be provided to the appellant. The above directions of the Commission shall be complied with, within a period of four weeks from the date of receipt of a copy of this order.
7. With the above observations, the appeal is disposed of.
8. Copy of the decision be provided free of cost to the parties.
(Sudhir Bhargava) Information Commissioner Authenticated true copy (S.S. Rohilla) Designated Officer Addresses of the parties:
1. The Central Public Information Officer (CPIO), The Institute of Cost Accountants of India, CMA Bhawan, 12, Sudder Street, Kolkata-700016.
2. Shri Vivek Mishra, Page |
