CENTRAL INFORMATION COMMISSION
Appeal No. CIC/WB/A/2009/000646 dated 10-6-2009
Right to Information Act 2005 - Section 19
Appellant: Shri A. Suryarao,
Respondent: Dep't of Personnel & Training, (DOPT)
Heard & Decision announced 23.8.'10
FACTS
By an application of 23.12.2008 Shri A. Suryarao of Nehrunagar
Colony, Ram Nagar Area, Vishakhapatnam applied to the CPIO Shri Neeraj
Kumar, Director (VP), Department of Telecom seeking the following
information:
“Provide a copy of notification that contains list of authorities
delegated with the powers of President, empowering them to
exercise such powers and issue decisions in the name of
President in respect of petitions preferred under Rule 29-A of
CCS (CCA) Rules, 1965 and submitted to the President of
India.’To this he received a response of 19.1.2009 stating that power of review
under Rule 29-A of CCS (CCA) Rules, 1965 is vested in the President only.
Against this Shri A. Suryarao moved an appeal on 27.1.2009 before Senior
DDG (Vigilance), Department of Telecom who in his response of 10.2.2009
decided as follows: –
“I find that the information asked for by the appellant as above,
has already been furnished by DS (VP) & CPIO vide this office
letter No. 15-2/2007-Vig.III dated 19.1.2009 addressed to the
applicant (copy enclosed for ready reference). Hence the
allegation that the information has not been provided by the
CPIO is not correct.”
Shri A. Suryarao then filed another appeal before the Ministry of
Communication on 18.2.2009 asking for a copy of notification that contains the
list of authorities delegated with the powers of President empowering under
these rules. This was transferred by CPIO Shri Monali P. Dhakate, Director (VA)
to the DOPT under intimation to appellant Shri A. Suryarao. Accordingly Shri
A. Balaram, Under Secretary to the Govt. of India in his letter of 16.4.2009
informed Shri A. Suryarao as follows:-
“No list of the authorities delegated with the powers of the
President in respect of the matter referred to in the last Para of1
your RTI application dated 22.12.2008 is centrally maintained by
this CPIO.”
Dissatisfied Shri A. Suryarao moved an appeal before Shri P.
Prabhakaran, Deputy Secretary (E), DOPT pleading that he “look into the
matter and provide the said information without delay”. Upon this he received
the following order dated 4.5.’09:
“The information given by the CPIO in his letter dated
16.04.2009 that list of the authorities delegated with the powers
of the President in respect of the matter referred to in the last
Para of your RTI application dated 22.12.2008 is not centrally
maintained by CPIO is only a factual position. In case you need
information about the particulars of such authorities in respect of
any particular post(s), you may make an application to the CPIO
concerned in the relevant administrative Ministry”
This has brought appellant Shri A. Suryarao before Central Information
Commission in his second appeal with the following prayer: –
(1) The authority concerned to provide the requisite
information as per the RTI application dated 22-12-2008.
(2) The authority concerned to pay certain amount
towards compensation for the delay involved in this
case.
(3) The competent authority to take suitable action
against those officers who have involved in this case
and denied the request; and
(4) Any other relief or reliefs as the Hon’ble
Commissioner may deem fit and equitable in this caseShri A. Suryarao has complained as below: –
“I was subjected to move from pillar to pole for no cause. The
reason put forth before me is that the list of the authorities
delegates with power of President is not centrally maintained.
But, at the same time nobody has come forward to intimate
whether such information actually exist, and if exist, wherefrom
the same can be had. It appears to be that the above mentioned
CPIOs and appellate authorities might have colluded with one
another and determined to refuse the requisite information for
one or the other reason/ pretext with the intention to give
financial, physical and mental trouble to the appellant.”
The appeal was heard through videoconference on 23-8-2010. Only
respondent Shri A. Balaram, Under Secretary (Estt. A), DOPT is present.
Although arrangements had been made for videoconference with
Vishakhapatnam appellant Shri A. Suryarao has opted not to be present.
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DECISION NOTICE
From the perusal of the record it is clear that the bulk of the information
sought by appellant Shri A. Suryarao has, in fact, been supplied to him by
informing him that this delegation is made department-wise and the information
regarding any particular department may be had from that department.
However the source of Rule 29-A of CCS (CCA) Rules 1965 has not been
provided. Even though therefore, there may not be a central list of such
delegation, those powers delegated to the executive will stem from the
Constitution. It is this source that requires to be identified for appellant Shri A.
Suryarao so that he may seek further details as he is already advised by the
DOPT.
From the discussion above it will be clear that although indeed the time
from his submission of the initial request for information and the final orders of
appellate authority has been prolonged, none of the officials either CPIO or
Appellate Authority have unduly delayed disposal both of the applications and
appeals. There is, therefore, no question of compensation or indeed penalty.
Besides, appellant Shri A. Suryarao has not complained of any loss or
detriment suffered except for inconvenience exercised. On the basis of the
above the appeal is allowed to this extent that CPIO Shri A. Balaram will
provide the source from which the delegation of the authority of the President
under Rule 29-A of CCS (CCA) Rules, 1965 is derived within 10 working days
of the date of receipt of this decision notice. There will, however no cost.
Announced in the hearing. Notice of this decision be given free of cost
to the parties.
(Wajahat Habibullah)
Chief Information Commissioner
23-8-2010
Authenticated true copy. Additional copies of orders shall be supplied against
application and payment of the charges prescribed under the Act to the CPIO
of this Commission.
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(Pankaj K.P. Shreyaskar)
Joint Registrar
23-8-2010
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