Central Information Commission Judgements

Mr. Satish Chander Bhardwaj vs Ministry Of Communication & I.T. on 15 October, 2008

Central Information Commission
Mr. Satish Chander Bhardwaj vs Ministry Of Communication & I.T. on 15 October, 2008
           Central Information Commission

                                             CIC/MA/A/2008/01191/AD

                                                  Dated October 15, 2008

Name of the Appellant            :Mr. Satish Chander Bhardwaj,
                                  Scientist D, NIC Silvassa,
                                  A/3, Type-IV, Govt. Flats,
                                  Tokarkhada, B/H Court,
                                  Silvassa-396230, D & N H



Name of Public Authority         :The CPIO & Sr. Technical Director,
                                  Ministry of Communication & I.T.,
                                  NIC, - A Block, CGO Complex,
                                  Lodhi Road, New Delhi-110003


Background

1. The RTI application was filed on 29.2.08 wherein the Appellant
requested for a certified document in which one Mr. Vinay S.
Masurkar was asked to represent as the Standing Council of UOI in
O.A. No. 293/2007. He also wanted a certified copy of an office letter
which NIC had submitted to the Department of Law and Justice at
Mumbai and receipt of fees paid to Mr. Masurkar. The CPIO provided
partial information and denied disclosure of remaining information
about Mr. Masurkar under Section 8(1)(j) of the RTI Act . The first
appeal was filed on 30.3.08. The Appellant expressed his
dissatisfaction with the CPIO’s reply and reiterated his request for the
certified copy of letter/documents. He also complained that the CPIO
had not implemented the RTI Act properly. The AA in his Order 2.4.08
agreed with CPIO’s reply.

2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, heard
the matter on October 15, 2008.

3. The Appellant was present in person at the hearing.

4. Dr. Kashi Nath, CPIO& DDG, along with Shri S. Gopala Krishnan,
Director and Shri Swarup Dutta represented the Public Authority

Decision

5. After hearing the arguments put forth by both parties, The
Commission directs the CPIO to provide the Appellant with the certified
documents of (a) the order in which Mr. Vinay S. Masurkar was
directed to represent as a Standing Council for review of suspension of
the Appellant (b) the office letter which NIC has submitted to the
Deptt. of Law and Justice at Mumbai (c) receipts of fees paid to Mr.
Karkera and Mr. Masurkar.

6. As for the complaint against the CPIO, the Commission holds that the
reply was sent by the CPIO within the stipulated time period and
therefore no penalty is to be levied on him since there is no deemed
refusal to provide information.

7. The appeal is disposed off.

(Annapurna Dixit)
Information Commissioner
Authenticated true copy:

(K.G.Nair)
Designated Officer
Cc:

1. Mr. Satish Chander Bhardwaj, Scientist D, NIC Silvassa, A/3, Type-IV,
Govt. Flats, Tokarkhada, B/H Court, Silvassa-396230, Dadra & Nagar
Haveli.

2. Shri Kashi Nath, CPIO & Sr. Technical Director, Ministry of
Communication & I.T., NIC, – A Block, CGO Complex, Lodhi Road, New
Delhi-110003

3. The Appellate Authority, RTI, Ministry of Communnication & I.T., NIC,
A Block, CGO Complex, Lodhi Road, New Delhi-110003.

4. Officer incharge, NIC

5. Press E Group, CIC