CENTRAL INFORMATION COMMISSION
Club Building, Opposite Ber Sarai Market,
Old JNU Campus, New Delhi - 110067.
Tel: +91-11-26161796
Decision No. CIC /AD/C/2011/000765/SG/14465
Complaint No. CIC/AD/C/2011/000765/SG
Complainant : Mr. Vivek Nautiyal
B-67, First Floor
South Extension, Part-I
New Delhi-110049
Respondent : Central Public Information Officer
Director (CDN.II Section)
Ministry Of Health and Family Welfare
Nirman Bhawan, New Delhi-110108
Facts
arising from the Complaint:
Mr. Vivek Nautiyal had filed a RTI application with the PIO, Ministry Of Health and Family
Welfare, New Delhi on 26/10/2010 asking for certain information. However on not having received any
information within the mandated time, the Complainant filed a complaint under Section 18 of the RTI Act
with the Commission. On this basis, the Commission issued a notice dated 11/07/2011 to the Respondent
Office with a direction to provide the information to the Complainant and further sought an explanation for
not furnishing the information within the mandated time.
The Commission received a letter dated nil in the Commission on 08/08/2011 wherein it has been
stated that the Complainant was returned the RTI Application vide a letter dated 01/11/2010. The PIO has
stated that the RTI Application was returned on the grounds that the IPO was drawn incorrectly in the name
of the Public Information officer. Further, requesting the Complainant to refile the RTI application as per
the prescribed procedures under the RTI Act, 2005. Copy of the letters vide which the RTI Application as
well as the first appeal was retuned was also enclosed with the PIO’s above said letter to the Commission.
From the submissions of the PIO it appears that the IPO was inappropriately drawn and the same was
intimated to the Complainant by the PIO.
Decision:
The Complaint is dismissed.
Rule 3 of very clearly provides that:
“A request for obtaining information under subsection (1) of Section 6 shall be accompanied by an
application fee of Rs. 10/-by way of cash against proper receipt or by demand draft or bankers cheque or
Indian Postal Order payable to the Accounts officer of the public authority”.
The Commission advises the Complainant to draw an IPO as per the above said Rule 3 of the Right to
Information (Regulation of Fees and Cost) Rules, 2005 while filing the RTI Application.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi
Information Commissioner
07 September 2011
Encl: Copy of PIO’s letter dated 01/11/2010
(In any correspondence on this decision, mention the complete decision number.)(SP)