Central Information Commission Judgements

Dr. C.S. Raghav vs M/O Micro, Small & Medium … on 27 May, 2009

Central Information Commission
Dr. C.S. Raghav vs M/O Micro, Small & Medium … on 27 May, 2009
               Central Information Commission
                            2nd Floor, August Kranti Bhawan,
                        Bhikaji Cama Place, New Delhi - 110 066
                                Website: www.cic.gov.in

                                                           Decision No.4033/IC(A)/2009

                                                           F. No.CIC/MA/A/2009/000277

                                                              Dated, the 27th May, 2009

Name of the Appellant:                  Dr. C.S. Raghav

Name of the Public Authority:           M/o Micro, Small & Medium Enterprises
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Facts

:

1. Both the parties were heard on 27/5/2009.

2. In the course of hearing, the details of information asked for and the
replies given by the CPIO and the Appellate Authority were discussed. The
information asked for relate to the complaints submitted by some employees,
against the appellant, investigation report and subsequent actions taken by the
respondent. During the hearing, it emerged that the allegations made against the
appellant could not be established.

3. The appellant stated that as a result of certain action taken by the
respondent, the appellant had to submit his resignation from the services to the
respondent and his wife filed a divorce petition. He argued that he is directly
affected in the matter and the denial of information u/s 8(1)(d) and (e) of the Act
is unjustified.

4. The CPIO provided a detailed background of the case and pleaded for
remanding back the appeal to him for review of the decisions taken by the
respondent in respect of the RTI application in question.

Decision:

5. The CPIO’s plea is accepted. The CPIO is directed to review and
examine the RTI application afresh and accordingly furnish the information within

1
“If you don’t ask, you don’t get.” – Mahatma Gandhi
one month from the date of issue of this decision. The CPIO would be free to
invoke section 10(1) of the Act for withholding any part of the information for
which he should provide detailed justification, which may be reviewed, if
necessary, by the Commission

6. The appeal is thus disposed of

Sd/-

(Prof. M.M. Ansari)
Central Information Commissioner 2

Authenticated true copy:

(M.C. Sharma)
Assistant Registrar

Name & address of Parties:

1. Dr. C.S. Raghav, C/o Kuldeep Singh, H-52, 2nd floor, West Jyoti Nagar,
Shahadara, New Delhi – 110 094.

2. Dr. S.K. Sharma, Dy. Director (Chem.) and CPIO, O/o the Development
Commissioner, M/o Micro, Small & Medium Enterprises, Nirman Bhawan,
7th floor, Maulana Azad Road, New Delhi – 110 108

3. Dr. Izzatullah, Director (Chem.) 7 Appellate Authority, O/o the
Development Commissioner, M/o Micro, Small & Medium Enterprises,
Nirman Bhawan, 7th floor, Maulana Azad Road, New Delhi – 110 108

2
“All men by nature desire to know.” – Aristotle