Central Information Commission
Room No. 305, 2nd Floor, 'B' Wing, August Kranti Bhavan,
Bhikaji Cama Place, New Delhi110066
Web: www.cic.gov.in Tel No: 26167931
Case No. CIC/SS/A/2011/000449
Name of Appellant : Shri Subhash Chandra Agrawal
Name of Respondent : Ministry of Law & Justice,
Department of Legal Affairs.
Date of Hearing : 09.05.2011
ORDER
Shri Subhash Chandra Agrawal, the appellant has filed this appeal dated
31.1.2011 before the Commission against the Ministry of Law & Justice, Department of
Legal Affairs, New Delhi, for not providing information to RTI-queries No. 6 and 7 to his
RTI-request dated 28.12.2010, which came up for hearing on 09.05.2011. The appellant
was present in person, whereas the respondent were represented by Shri Nirmal Singh,
CPIO, Shri O.P. Bagri, CAPIO and Shri Jagdish Kumar, SO.
2. The appellant filed RTI-request dated 8.11.2010 seeking information twelve RTI-
queries pertaining to a news-clipping ‘Seek Legal advice with Ministry nod’ (HT
27.12.2010) relating to the 2G spectrum scam – ” (6) Name of the law officer having given
legal-opinion to Department of Telecommunications/Union Ministry of Communications and/or the
then Union Minister for Communications A Raja on 2-G spectrum without seeking approval of
Department of Legal Affairs and action taken against the said law-officer violating service rules
1972 by having given legal opinion to Department of Telecommunications/Union Ministry of
Communications and/or the then Union Minister of Communications A Raja on 2-G spectrum
without seeking approval of Department of Legal Affairs; (7) Is it true that law-officers of Union
government are governed by the conditions of service-rules 1972 which debars them from
rendering advice independently to government-departments, ministries and public sector
undertakings etc. without seeking approval of Department of Legal Affairs/Union Ministry of Law
& Justice.” The CPIO vide letter No. F.21(1622)/2010-IC dated 11.1.2011 has replied to the
appellant on Point No. 6 -O.M. No. 34(1`)/2010-Judl dated 20.12.2010 is not the
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Case No. CIC/SS/A/2011/000449
outcome of the controversial 2-G Spectrum matter and on Point No. 7 the appellant was
advised to ascertain the same from the website of the Department.
3. Aggrieved by the decision of CPIO, the appellant preferred first-appeal on 3.1.2011
before FAA. The FAA vide order No. 23(12)/2011-IC dated 28.1.2011, has upheld the
decision of CPIO and dismissed appellant’s first-appeal.
4. After hearing the parties and on perusal of the relevant documents on file, the
CPIO, is directed to provide information as per record on Point No. 6 and provide copy of
law-officers appointment terms and conditions on Point No. 7 free of cost under the
provisions of Section 7(6) of the RTI Act, within two weeks of the receipt of this order.
The matter is disposed of with the above direction.
(Sushma Singh)
Information Commissioner
19.05.2011
Authenticated true copy:
(K.K. Sharma)
OSD & Assistant Registrar
Address of the parties:
Shri Subhash Chandra Agrawal,
1775, Kuncha Lattushah, Dariba,
Chandni Chowk,
Delhi-110006.
The CPIO,
Ministry of Law & Justice,
Department of Legal Affairs,
Shastri Bhavan,
New Delhi-110001.
The Appellate Authority,
Ministry of Law & Justice,
Department of Legal Affairs,
Shastri Bhavan,
New Delhi-110001.