Central Information Commission Judgements

Sh. Rakesh Aggarwal vs Transport Department, Govt. Of … on 26 October, 2009

Central Information Commission
Sh. Rakesh Aggarwal vs Transport Department, Govt. Of … on 26 October, 2009
                    CENTRAL INFORMATION COMMISSION
                     Club Building, Opposite Ber Sarai Market,
                       Old JNU Campus, New Delhi - 110067.
                               Tel: +91-11-26161796

                                                     Decision No.CIC/SG/A/2009/002094/5209
                                                           Appeal No. CIC/SG/A/2009/002094

Appellant                                   :       Sh. Rakesh Aggarwal,
                                                    M/s Nyaya Bhoomi,
                                                    B-24, Vikram Nagar,
                                                    Feroze Shah Kotla,
                                                    New Delhi-110002

Respondent                                  :       Mr. C.S.Nawani
                                                    Public Information Officer
                                                    Transport Department,
                                                    Govt. of NCT of Delhi,
                                                    5/9, Under Hill Road.
                                                    Delhi-1100054

RTI application filed on                    :       29/05/2009
PIO replied                                 :       09/06/2009
First Appeal filed on                       :       12/06/2009
First Appellate Authority order             :       15/07/2009
Second Appeal Received on                   :       25/08/2009

Information sought:
   1.     Date of publication of the Charter.
   2.     Number of copies printed in English, Hindi and other languages.
   3.     Number of copies dispatched to each of the zonal offices till date along with the proof
          of dispatch/ delivery/receipt.
   4.     Number of copies available at each of the zonal offices at present.
   5.     Process adopted for distribution of the charter to citizens.
   6.     Name and designation of the officer who was assigned the project work related to the
          Charter.
   7.     Process adopted for compiling designing, printing and publishing the Charter
          including
   8.     The process adopted for selecting vendors for various services related to the
          publication of the Charter.
   9.     Names and addresses of all such vendors together with copies of terms and conditions
          agreed with them.
   10.    Cost incurred in terms of compiling, designing, printing etc. Please provide cost
          under each head separately.

PIO's Reply:
   1.    The Application is made on the letter head "Nyaaya Bhumi" and as mentioned on the
         letter head "Nyaaya Bhumi" is a society/organization registered under the Societies
         Registration Act, 1860, registered in Delhi under number S/47043 dated 22/09/2003.
     2.       Giving reference of the provisions of Part II of the Constitution and the Citizenship
             Act, 1955 PIO stated that the right of information cannot be claimed by a company or
             by an association or by a body of individuals.
    3.       As per Section of 3 of the RTI Act, 2005, which stipulates "Right to Information-
             subject to the provisions of this Act, all Citizens shall have the Right to Information"
             i.e information is given to "All CITIZENS" only and that society is not covered under
             the RTI Act for purpose of seeking information. NO information can be furnished
             under the RTI Act, to a person who is not a citizen within the meaning of Section 3 of
             RTI Act.


Grounds for First Appeal:
The Appellant contended that PIO has maliciously rejected the Application on the ground that
the Application is typed on the letter head of a Society.

Order of the First Appellate Authority:
Complaint was filed before CIC. It had been remanded back. FAA stated that SPIO has filed
information. A Copy of the reply of SPIO would be given to Appellant (in case he has not
received it already)

Grounds for Second Appeal:
In spite of FAA order, no information had been provided after more than one month.

Relevant Facts

emerging during Hearing:

The following were present:

Appellant: Absent
Respondent: Mr. C.S.Nawani, Public Information Officer
The appellant has sent a letter dated 15/10/2009 stating that he has received the information and
does not wish to pursue the matter.

Decision:

The appeal is withdrawn.

This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.

Shailesh Gandhi
Information Commissioner
26 October 2009
(In any correspondence on this decision, mention the complete decision number.)Rnj