CENTRAL INFORMATION COMMISSION
Complaint No. - CIC/WB/C/2009/000251 & 275 dated: 27.04. & 28.05.'09
Right to Information Act- Section 18(1) (b)
Complainant: Shri A. K. Sharma
Respondent: Central Information Commission (CIC)
Decision announced 9.6.'10
Facts
:-
The Commission has received two complaints from Shri A. K. Sharma of
Dwarka, New Delhi against Central Public Information Officer, Central
Information Commission, New Delhi alleging that no response has been given by
the CPIO, CIC in either case in response to his requests duly submitted along
with requisite fee. In his first complaint, that has been registered in the
Commission against file no. CIC/WB/C/2009/000251, the complainant by his
application dated 09.03.2009 sought information regarding date of receiving of
specified cases in the Commission, including date of dispatching of notices/
decisions to him in these cases, together with photocopies of letter by which Shri
Shailesh Gandhi has been appointed Information Commissioner and status and
outcome with copy of note sheet of his complaint against Shri Shailesh Gandhi
sent to the Chief Information Commissioner.
Through his second application dated 09.04.2009 registered in the
Commission against file no. CIC/WB/C/2009/000275 complainant Shri A. K.
Sharma sought information regarding respective rules under which a CPIO of
KVS can expect and advise an applicant to visit his office or any other office to
collect information and Commissioners can pass decisions condoning the delay
made by CPIOs in various cases together with information regarding the rule
under which complaint logged with the Commission u/s 18(c) or (e) is sent to 1 st
appellate authority for disposal and statutory provision under which such
complaints are disposed of by 1st appellate authority, including information
regarding number of review petitions received by the Commission in a particular
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period and the status of his own review petition along with a copy of the note
sheet which was sent to CIC. Since both the complaints are similar we have
decided to club them together.
Admitting the complaints of Shri Sharma u/s 18(1) (b) of the Act, CPIO,
Shri Tarun Kumar, Joint Secretary, Central Information Commission was asked
to submit his comments on complaints. As informed by the CPIO, Shri Tarun
Kumar, a reply has already been sent to the complainant vide letter dated
13.04.2009 in response to the request dated 09.03.2009 which was diarized in
the Commission on 09.03.2009 and by his office on 14.03.2009. In respect of the
application dated 09.04.2009 of the complainant, the CPIO has informed through
e-mail, that on getting the application received on 25.04.2009, which was
diarized in the Commission on 23.04.2009, he has sent a point wise reply on
22.05.2009 to the complainant.
Decision Notice
It is clear from the facts available on the record that the CPIO, Central
Information Commission has responded to both requests and that within the time
mandated by the law. Hence, the complaints for not responding to the request do
not stand and are hereby dismissed. The Registry of the Commission is hereby
directed to send the copy of responses together with comments submitted by the
CPIO in both cases to complainant Shri A. K. Sharma once more along with this
decision.
Besides, complainant Shri A. K. Sharma is advised that should he find the
responses once more enclosed with this decision, unsatisfactory, he may
approach the first appellate authority Ms. Anita Gupta, Additional Secretary,
Central Information Commission in 1st appeal u/s 19(1) of the Act. Consequently,
if not satisfied with the information provided on 1st appeal, complainant Shri A. K.
Sharma will be free to move a 2nd appeal before us as per Sec. 19(3).
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Announced on this ninth day of June 2010 in open chamber. Notice of this
decision be given free of cost to the parties.
Wajahat Habibullah
(Chief Information Commissioner)
09.6.’10
Authenticated true copy, additional copies of order shall be supplied against
application and payment of the charge prescribed under the Act to the CPIO of
this Commission.
Pankaj K.P Shreyaskar
Joint Registrar
09.6.’10
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