India Today: New Delhi: Thursday, July 27, 2017.
The CIC has
sought explanation from the chairperson of the National Commission for Women
for "obstructing" access to the records sought by a former woman
research assistant who had levelled allegations of sexual harassment against an
official of the Commission.
The Central
Information Commission also slapped maximum penalty under the RTI Act on--a
former official at NCW who is now with NITI Ayog and an Under Secretary of the
NCW, on whom the allegations were levelled--for not giving access to the
information.
The
Commission also announced a compensation of Rs 50,000 to be paid by the NCW to
the victim.
The victim
who was a research assistant between 2010-16 had levelled allegations of sexual
harassment. When her employment contract was not extended, she had filed an RTI
application seeking to inspect files related to her complaint, contract and
reports of officials of the NCW.
When she
failed to get response, she approached the Central Information Commission.
"If this
is the fate of a woman who is working as research assistant in National
Commission for Women, what will be the plight of ordinary women outside the
NCW?
"The
National Commission for Women has a Constitutional duty to explain reasons for
breach of two statutes on Sexual Harassment and Right to Information in case of
this appellant," Information Commissioner Sridhar Acharyulu said.
After the
Commissions order on June 16, the NCW called the victim for inspection of
records but she alleged that files were not properly shown to her and an
important file was denied on the grounds that it was with the chairperson.
The
Commission again heard both the parties including the official of the NCW
against whom the allegations of sexual harassment were levelled.
"The
allegation of sexual harassment against one of the important officer in NCW is
a serious issue, which should have been in the knowledge of the
chairperson," he said.
He said it
was not proper on the part of the NCW to withhold some of the files on this
excuse, which amounts to non-compliance of the order of the CIC and attracts
penal proceedings under Section 20 of the RTI Act.
Acharyulu
said the material placed before and the contentions made by the parties leads
the Commission to inevitable inference that the chairperson, knowing the order
of the CIC, has obstructed the access to a key file by withholding it in her
custody from inspection.
"As the
files and contentions prove that one file could not be accessed because it was
held by the chairperson, the chairperson has a duty to explain why Section 20
should not be invoked against this obstruction, before July 28, 2017," he
said. PTI ABS IKA
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