CIC slaps Rs 25,000 penalty on MEA Joint Secretary

The Central Information Commission (CIC) today slapped a maximum penalty of Rs 25,000 on a Joint Secretary in external affairs ministry for "misleading" the Commission with "incorrect averments" on the information sought by a Kerala MLA on Rupee-Rouble Debt Fund.

Information Commissioner Annapurna Dixit in her penalty order said "no tangible reason" was given by the Central Public Information Officer Debraj Pradhan, Joint Secretary, for over three years of delay, in furnishing the information to P C George, a Kerala Congress MLA from Poonjar in Kerala.

"The Commission imposes a penalty of Rs 25,000 on the then CPIO for misleading the Commission with incorrect averments from time to time thereby obstructing the furnishing of information and also delaying the response," Dixit ordered.

George had moved the CIC after his RTI request seeking copies of the 'letters of exchange' on state credits to India by erstwhile USSR was rejected by the MEA in August 2009. The agreement was signed in 1993 to address the issue of the Rupee-Rouble exchange rate for credit repayment following the dissolution of the USSR.

Last year in Janurary, Dixit had directed to disclose the information, rejecting the ministry's argument that this could adversely impact country's economic interests. The MEA kept delaying furnishing of information first saying it has sought views of its Legal and Treaties Division and later claimed that it was trying to get consent of Russian Government through 'different channels' for making these documents public which is yet to be obtained.

"The MEA has been passing the 'consent obtaining' part bringing one agency after the other in their realm of consenting authority in complete disregard of the repeateddirections of the CIC", Dixit said. Coming down heavily on the approach taken by the Ministry, Dixit said none of the authorities or agencies in the country seemed to have objected to the divulging of information in this case.

"It was only in the instant fourth hearing after being directed and show cause notice being issued by the CIC, that the Respondents (MEA) came up with the argument that the consent of the Russian government is essential for disclosure of information in this case," Dixit said.

 The Information Commissioner said during last two years no categoric denial or objection has been obtained from Russian Government thereby implying their "neutral approach" on the issue. Dixit said the premises on which the information in the instant case have been withheld as being somewhat similar to the case of blackmoney in which Supreme Court had ordered disclosure of information recently.

"The MEA in this case has not brought forth any additional and/or substantial argument justifying the nondisclosure of information. In the absence of any specific reason it seems a deliberate dilatory tactics laced with afterthought in this case to keep the information under wraps and hence there seems to be no reason to interfere with the original decision (of disclosing the information)," she said. Dixit directed that Rs 25,000 be deducted from the salary of Pradhan in five monthly instalments starting from August 16.