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Hat-Trick of Penalties

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Sonia Rajput
Hat-Trick of Penalties

Third knockout! He’s done it. Chandranshu Mehta has done it! Yes! An RTI applicant from Himachal Pradesh has become the RTI hero. Who could’ve guessed he’d write Right to Information (RTI) history? This bout will go down in history. He’s unstoppable. Unstoppable! You’ll see! He’ll box for transparency. He’s the RTI hero now. It’s never happened before nor will it happen again.


Way back in 2018, then Information Commissioner (IC) Prof. (Dr) M. Sridhar Acharyulu (Madabhushi Sridhar) imposed a penalty of Rs 25,000/- under Section 20 (1) upon Trilochan Kaur Bhatia, Deputy Secretary (D.S.) of Sangeet Natak Akademi (SNA) while deciding second appeal filed by Chandranshu Mehta which was registered in 2017. The Commissioner also directed the public authority to pay Rs 5,000/- as compensation under Section 19 (8) (b) to Mehta.


Again in 2019, hearing the second appeal filed by Chandranshu Mehta which was registered in 2018, Vanaja N. Sarna, Information Commissioner (IC) imposed a penalty of Rs 1,000/- each under Section 20 (1) on Vinodi Sharma, Deputy Secretary (D.S.) and Kusum Dhingra, Section Officer (S.O.) of Sangeet Natak Akademi (SNA).


On Tuesday (15th March, 2022), the Information Commissioner (IC) Uday Mahurkar has imposed a penalty of Rs 1,500/- under Section 20 (1) on Deputy Secretary (D.S.) of Sangeet Natak Akademi (SNA), Vinodi Sharma, observing that no reasonable explanation has been furnished for not attending to the RTI application after perusing her written explanation dated 17th November, 2021. Following this, Chandranshu hit a hat-trick for his side in Central Information Commission (CIC) in the second appeal registered by him in 2019.


Earlier, Mahurkar vide Order/Decision dated 12th November, 2021 had issued a Show-Cause Notice (SCN) to Deputy Secretary (D.S.) of Sangeet Natak Akademi (SNA), Vinodi Sharma under Section 20 of the RTI Act, 2005 and asked her why a penalty of Rs 2,500/- should not be imposed on her for disrespecting the law and entirely abdicating responsibility for the case. In the Show-Cause Notice (SCN), the Commissioner further observes that as per the provisions of the Act, Vinodi Sharma was bound to give reply on the application within 30 days of its receipt but it seems that she deliberately did not perform her duty. In doing so, Vinodi Sharma had showed disrespect towards the RTI Law. She should have acted in the spirit of the RTI Act which was enacted for ushering objectivity and transparency in the Government system. However, taking a lenient view in the case, as Vinodi Sharma is retiring on 31st March, 2022 and she had already penalized in 2018 case, the Commissioner levied a token penalty of Rs 1,500/- on her. The Deputy Secretary (D.S.) Vinodi Sharma second time penalized by the Commission under Transparency Law.


The Order/Decision reads, “Accordingly, FAA, SNA is directed to recover an amount of Rs 1,500/- from the salary of Ms. Vinodi Sharma for the month of March, 2022 and remit the same by way of a demand draft drawn in favour of “PAO – CAT” New Delhi, by 31st March, 2022, to the Dy. Registrar, CR-II, Central Information Commission (Room No. 106), Baba Gangnath Marg, New Delhi – 110067.”


The Bench of Commission while invoking Section 19 (8) (b) of Act, has also award a compensation of Rs 10,000/- to Chandranshu for the mental agony caused to him on account of respondent authority not reply him at all and not paying him his legitimate amount for such a long time despite repeated reminders which shows that it was done deliberately.


It is the first penalty hat-trick by an RTI applicant since 2005. Mehta managed back-to-back yearly victories against the defending National Academy of Music, Dance and Drama for India i.e. Sangeet Natak Akademi (SNA). According to the Act, the penalty is a personal liability on official concerned.


Prominent RTI Activist & (Retired) Commodore Lokesh Batra said,Chandranshu Mehta’s daring defiance of the Akademi has its own important place in the annals of our transparency movement.”


Second Appeal No.: CIC/SANAK/A/2019/120884

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Sonia Rajput
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