CENTRAL INFORMATION COMMISSION
Complaint No CIC/WB/C/2008/00674 dated 29.05.'08
Right to Information Act 2005-Section 18(1) (e)
Complainant: Shri Sushil Sharmaa.
Respondent: Supreme Court of India (SCI), New Delhi.
Decision
Decision Announced 28.8.’09
The Commission has received a complaint from Shri Sushil Sharma of
Shakarpur, Delhi praying as follows:-
“Kindly direct to supply information as asked in my
applications 31.03.2008’s Sl. No. 1 to 3 in clear way.
12.03.2008’s para Sl. No. 2,3,4,5,6,7 all information record,
04.03.2008’s para 1,2,3,4,5 and copies for AI-11863 dt.
15.03.2008- all documents be got supplied by CPIO, SC by
sending true copies or arranging to send true copies from his
office or from copies Branch. Intentions are clear to show by
intentionally not supplying documents. Kindly see my letter
No. RTI-12008 E dt. 12.04.2008 also.”
That information/ certified copies of documents pertaining to functioning
of Supreme Court of India, type of different petitions along with their purposes
and other related information was originally sought through three applications of
04.03.2008, 13.03.2008 and 31.03.2008 addressed to CPIO, SCI. In his letters of
11.03.2008, 15.03.2008 & 25.04.2008 the CPIO & Addl. Registrar Shri Ashok
Kumar has responded to the requests. However, Shri Sushil Sharmaa has
moved a complaint before us alleging that the CPIO has ‘intentionally’ not
provided certain information, and asking that we direct the supply of information
“in clear way.” He has not however moved an appeal before the first appellate
authority under sub-section 1 of Sec. 19 of the RTI Act 2005.
If the complainant Shri Sushil Sharmaa were not satisfied with the
information provided by CPIO, he could have preferred a first appeal, the channel
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available to him u/s 19(1) and not so far exhausted. Because the 1st appellate
authority has not addressed the questions of appellant, which are of direct
concern to his public authority and because the complainant has pleaded no
ground for making a direct complaint to us u/s 18(1) (e), the Commission has
decided to remand this complaint to the Appellate Authority, Supreme
Court of India, New Delhi to dispose of the complaint of Shri Sushil
Sharmaa. within fifteen working days from the date of receipt of this
decision, under intimation to Shri Pankaj Shreyaskar, Jt Registrar, Central
Information Commission. Should appellant not be satisfied with the information
provided on his 1st appeal, Shri Sushil Sharmaa 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)
28.08.2009
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
28.08.2009
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