CENTRAL INFORMATION COMMISSION
Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
File No. CIC/PB/C/2008/00755/LS
Complainant : Shri P.C. Wadhwa
Public Authority : National Consumer Disputes Redressal
Commission (NCDRC herein after)
(through Shri Iqbal Ahmed, Asstt. Registrar)
Date of Hearing : 28.1.2009
Date of Interim Decision : 28.1.2009
Facts
By his letter of 12.8.2006, the complainant had requested CPIO of NCDRC
to provide him the following information :-
“i. I want to know the precise, apart from 8-page biodata of Shri Taimni
furnished by Shri Taimni, documentary material on the basis of which the
Hon’ble President, NCDRC (Hon’ble Mr. Justice M.B. Shah) made the
aforementioned recommendation for re-appointment of Shri Taimni as
Member, NCDRC for the 2nd term.
ii. I want a copy of that documentary material dealing with the very first Note
(including that note) initiating a move for Shri Taimni’s re-appointment for
the 2nd term.
iii. I also want to know whether the correspondence (my-36-page) letter dated
6.11.2003 to Shri Taimni, Registrar’s reply dated 12.11.2003 to me and my
letter dated 5.1.2004 to Shri Taimni – Copy of 36-page letter was sent by me
to Hon’ble Shri Justice M.B. Shah under my letter dated 6.11.2003 (copy
enclosed) were in the knowledge of Hon’ble Shri Justice M.B. Shah and yet
his lordship recommended Shri Taimni for 2nd term as Member NCDRC.”
2. As the CPIO did not furnish any information to the complainant, he has filed
the present complaint before the Commission.
3. The matter was heard on 28.1.2009. The complainant appeared before the
Commission. The public authority is represented by officer named above. It is the
submission of the complainant that he has received no information what so ever from
the CPIO.
4. As per contra, it is the submission of Shri Iqbal Ahmed that vide letter dated
18.11.2006, NCDRC had informed the complainant that the information requested
for by him was available with the Department of Consumer Affairs, Govt. of India,
and he could seek the same from the said Department.
5. When asked whether the complainant had approached the Secretary,
Department of Consumer Affairs, for the information in question, Shri Wadhwa
would submit that he had approached D/o Consumer Affairs and in proof thereof he
furnishes a copy of the order dated 10.5.2006 passed by Shri Rinchin Tempo, Joint
Secretary, D/o consumer Affairs. It is his submission that the Joint Secretary had
directed NCDRC to furnish information to the complainant but the same has not
been furnished.
6. In this context it may be apt to quote the following two paragraphs from the
Joint Secretary’s order :-
“5.3 The appellant has requested that the following documents which are part of
the record be made available to him :-
“(a) Copy of letter of President, NCDRC proposing re-appointment of Shri
B.K. Taimni as Member, NCDRC;
(b) Copy of the minutes of the Selection Committee;
(c) Copy of the order of re-appointment of Shri B.K. Taimni as Member,
NCDRC.”
6. After having carefully considered this appeal in the light of the provisions of
the RTI Act, 2005 and after hearing the appellant, it is hereby ordered that
further information sought by appellant as delineated at para 5.3 above, may
be made available to him immediately. The appeal is disposed of. Send a
copy of the order to appellant alongwith copies of information at para 5.3.”
From para 6, it is noticed that the Joint Secretary has ordered that the
information delineated in para 5.3 above may be made available to the complainant,
but he has not specified the authority which is required to furnish the information.
7. The question for determination before the Commission is : who is the
custodian of the information sought by the complainant, i.e. NCDRC or the
Department of Consumer Affairs, Govt. of India.
8. To resolve this issue, it would be expedient to request Shri Y.S. Bhave,
Secretary, Department of Consumer Affairs, Govt. of India to direct a Joint Secretary
level officer of the Department to file written representation before this Commission
specifically on the above mentioned point.
INTERIM DECISION
9. The Department of Consumer Affairs would file its response in 02 weeks
time. The matter would be taken up for hearing on 17.2.2009 at 1200 hrs. The
Department of Consumer Affairs may be suitably represented at the hearing.
Sd/-
(M.L. Sharma)
Central Information Commissioner
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
(K.L. Das)
Assistant Registrar