CENTRAL INFORMATION COMMISSION
Complaint No.- CIC/WB/C/2009/000354 dated: 15.07.'09
Right to Information Act- Section 18
Complainant: Shri M. P. Saini
Respondent: Election Commission of India (ECI), New Delhi.
Decision
Announced: 23.2.2010
The Commission has received a complaint from Shri M. P. Saini of
Nangloi, Delhi praying as follows:-
“…to please intervene the matter personally, and get give me
the required information as early as possible.”
That information sought in the form of queries regarding Item No. 37 in
an order No. 218/4/96 dated 09.02.1996 issued by Election Commission of India,
related to remuneration for payment to staff deployed on poll duty and for
provision of minimum facilities was originally moved through an application of
26.03.2009. In his response of 06.04.2009, CPIO Shri Sumit Mukherjee, Under
Secretary, ECI, New Delhi sent a copy of Commission’s order No.
464/INST/2009/EPS dated 09.01.2009 which was a direction to the Chief
Electoral Officers of all States/UTs for fixing of uniform rate of remuneration for
payment to staff deployed on poll/counting duty and advised the complainant to
visit the website of the ECI for remaining information. The complainant Shri Saini,
on finding the response incomplete, again filed an application on 25.04.2009 with
the CPIO requesting him to respond point wise. The complainant has
approached this Commission alleging that no further response was received from
the CPIO. The complainant has, however, not moved an appeal u/s 19(1) of the
Act before the first appellate authority of ECI.
Decision Notice
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The complainant, on getting what he perceived to be an incomplete
response and not receiving any further responses, could have preferred an
appeal through the channel available with him u/s Section 19(1) of the Act, which
has not actually been done in present case. Because the 1st appellate authority
has not addressed the questions of complainant, which are of direct concern to
the ECI and the complainant Shri Saini has pleaded no ground for making a
direct complaint before us, the Commission has decided to remand this
complaint to the First Appellate Authority, Election Commission of India, New
Delhi to dispose of the complaint of Shri Saini within ten working days of the date
of receipt of this decision, treating it as an appeal u/s 19(1) of the RTI Act, under
intimation to Shri Pankaj Shreyaskar, Jt Registrar, Central Information
Commission. If not satisfied with the information provided on his 1st appeal,
complainant Shri Saini will be free to move a 2nd appeal before us as per Sec 19
(3).
Announced this twenty-third day of February 2010. Notice of this decision
be given free of cost to the parties.
(Wajahat Habibullah)
Chief Information Commissioner)
23.02.2010
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
23.02.2010
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