CENTRAL INFORMATION COMMISSION
Appeal No. CIC/WB/A/2009/000502 dated 21-4-2009
Right to Information Act 2005 - Section 19
Appellant: Shri Kanai Gogoi
Respondent: Central Vigilance Commission (CVC)
Decision announced on 2.08.2010
FACTS
By an application of 10.11.2008 received in the Office of Central Vigilance
Commission on 18.11.2008 Shri Kanai Gogoi of Tinsukia, Assam sought the
following information from CPIO, CVC:
“I would like to avail the following documents and information vide
RTI Act, 2005:
1. Letter issued by the CCVC, appointing Enquiry Officer.
2. Enquiry Report submitted to the CCVC, by the Enquiry Officer.
3. Action taken by the CCVC, on the basis of the findings of the
enquiry.”
To this appellant Shri Kanai Gogoi received a response on 11.12.2008 from
CPIO Ms. Jyoti Mehta, Director, CVC as follows:
“In this connection it is informed that your complaint/ application
dated 29.9.2008 was filed in the Commission in terms of its
complaints handling policy which is available on web-site
www.cvc.nic.in.
Shri Kanai Gogoi has then moved an appeal before Shri V. K. Gupta,
Additional Secretary, dated 29.12.2008 pleading as follows: –
“I would like to mention here that the information provided vide the
letter captioned above is not sufficient as it is not possible to follow
up the status of my application dated 29.9.2006 in the website due
to unavailability of complaint number etc.I, therefore, vide RTI Act, 2005, would like to request you kindly to
provide me with a copy of the complaint filed in the Commission in
the website in terms of complaints handling policy.”
Upon this, Appellate Authority, Shri Alok Bhatnagar, Additional Secretary,
CVC has decided as follows: –
“I have gone through the connected file and records and find that
the CPIO has already provided rightly the information held by the1
Commission that as per Commission’s ‘Complaint Handling Policy’,
the status of complaints filed in the Commission is not displayed on
its website. There is no further information to furnish by the
Commission.”
Appellant Shri Kanai Gogoi has then moved his second appeal before us
with the following prayer: –
‘1. Certified copy of my complaint filed in CVC in terms of
Complaint Handling Policy.
2. Status of my complaint along with complaint No.
3. Publication of my complaint in the website.”
The appeal was scheduled for hearing on 2.8.2010. However, neither party
is present. When contacted on the telephone Shri Kanai Gogoi submitted that the
NIC Centre being 50 miles distant, he might be excused from the hearing and the
decision taken on merit.
DECISION NOTICE
Having perused the records available on file, we find that the response of
CPIO Ms. Jyoti Mehta, Director, CVC to the application is clear and unequivocal. It
informs appellant Shri Kanai Gogoi that his complaint has been “filed”, which
means that no action has been taken on it. Therefore, all the three questions of
Shri Kanai Gogoi raised in his original application become infructuous, since there
is no letter issued to CCVC, no enquiry report submitted and no action taken by the
CCVC. Under the circumstances the entire exercise of appeal and response
thereafter has been an exercise in futility. The appeal is without merit and is
hereby dismissed.
Announced in the hearing. Notice of this decision be given free of cost to the
parties.
(Wajahat Habibullah)
Chief Information Commissioner
2-8-2010
2
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.
(Pankaj K.P. Shreyaskar)
Joint Registrar
2-08-2010
3