CENTRAL INFORMATION COMMISSION
Complaint No CIC/WB/A/2008/01590 dated 07.08.'08
Right to Information Act 2005-Section 19(3)
Appellant : Shri Kinshuk Mayur
Respondent: Prime Minister's Office (PMO)
Decision
Announced 18.9.’09
The Commission has received an appeal from Shri Kinshuk Mayur of
Kolkata, West Bengal praying as follows:-
“Under Section 19 of Right to Information Act, 2005 the
authority is liable to provide the status information regarding
my letters.”
That information regarding action taken on his letters dated 20.06.2004,
10.10.2004, 22.08.2005 and 10.12.2005 addressed to Dr. Manmohan Singh, the
Hon’ble Prime Minister of India was originally moved through an application of
29.02.2008. In his response of 11.04.2008 the CPIO Shri Amit Agrawal Director,
PMO informed appellant Shri Kinshuk Mayur that the letters regarding which
information had been sought were not traceable. Being aggrieved with the
response the appellant Shri Kinshuk Mayur approached the first appellate
authority of Prime Minister’s Office. Shri Kinshuk Mayur has moved this present
appeal before us alleging that the appellate authority did not pass any order in
respect of the appeal filed.
Because the 1st appellate authority has not addressed the questions of
appellant, which are of direct concern to her public authority as they concern
tracing of correspondence within PMO, the Commission has decided to remand
this appeal to First Appellate Authority, Ms. Vini Mahajan, Prime Minister’s Office,
New Delhi with the direction to dispose of the appeal of Shri Kinshuk Mayur
within ten working days from the date of receipt of this decision, under intimation
to Shri Pankaj Shreyaskar, Jt Registrar, Central Information Commission.
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Appellate authority Ms. Vini Mahajan will also satisfy herself on the issue
of delay in response that had fallen due by 29.3.’08, but actually provided only on
11.4.’09 and if so required approach this Commission for initiation of proceedings
under section 20 of the RTI Act for imposition of penalty and/ or recommending
appropriate disciplinary action. On the other hand., If not satisfied with the
information provided on his 1st appeal, appellant Shri Kinshuk Mayur will be free
to move a 2nd appeal before us as per Sec 19 (3).
Announced. Notice of this decision be given free of cost to the parties.
(Wajahat Habibullah)
Chief Information Commissioner)
18-09-2009
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.
(PK Shreyaskar)
Jt. Registrar
18-09-2009
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