Central Information Commission, New Delhi
File No.CIC/WB/A/2009/001007SM
Right to Information Act2005Under Section (19)
Date of hearing : 18 April 2011
Date of decision : 18 April 2011
Name of the Appellant : Shri Bal Krishan Gupta
Officer on Special Duty (Retd.),
Haryana Govt. 432A,
Sector 61, Chandigarh.
Name of the Public Authority : CPIO, Prime Minister's Office,
South Block,
New Delhi.
The Appellant was present in person.
On behalf of the Respondent, the following were present:
(i) Smt. Sanjukta Ray, DS & CPIO,
(ii) Shri Saneev Gupta, SO & CAPIO,
(iii) Shri Subhendu Hota, SO & CAPIO
Chief Information Commissioner : Shri Satyananda Mishra
2. Heard the Appellant who was present in the Chandigarh studio of the
NIC. The Respondents were present in our chamber and made their
submissions.
3. The Appellant had made some representations to the Chief Minister of
Jammu and Kashmir regarding allotment of a plot of land Alleging that he did
CIC/WB/A/2009/001007SM
not receive any reply from the State government, he had approached the CPIO
of the Prime Minister’s office requesting that the PM should get him justice. The
CPIO had informed him that his request did not amount to information within the
meaning of Section 2(j) of the Right to Information (RTI) Act. The Appellate
Authority had also endorsed the decision of the CPIO.
4. During the hearing, the Appellant submitted that his family had been
uprooted from the POK area and was, therefore, entitled to a plot of land in
Jammu which had been consistently denied by the concerned state authorities.
He further submitted that he had approached the Prime Minister of India with
the hope that he would intervene in the matter and direct the State government
of Jammu and Kashmir to resolve his pending request. While admitting that his
grievance could be genuine, we find it difficult to accept how this could be
resolved through the Right to Information (RTI) Act. All that the Prime Minister’s
office is expected to offer by way of information in this case is the copy of any
record or document they might have on the subject. Unfortunately, as reported
by the Respondents, they have no such record or document to offer on the
subject. Thus, the CPIO cannot be of much help in this case and the Appellant
has to approach either the competent authorities in the State Government or an
appropriate court of law for getting any relief due to him.
5. The appeal is disposed of accordingly.
6. Copies of this order be given free of cost to the parties.
(Satyananda Mishra)
Chief Information Commissioner
CIC/WB/A/2009/001007SM
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.
(Vijay Bhalla)
Deputy Registrar
CIC/WB/A/2009/001007SM