CENTRAL INFORMATION COMMISSION
B-Wing, 2nd Floor, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
Appeal No.2383/ICPB/2008
F.No.PBC/08/117
July 8, 2008
In the matter of Right to Information Act, 2005 - Section 18
[Hearing on 24.6.2008 at 12.30 p.m.]
Appellant : Mr. Faisal Mumtaz
Public authority: Rampur Raza Library
Dr. W.H. Siddiqi, CPIO
Present: For Respondents:
Mr. Zubair Mahmood, Assistant
Mr. Faisal Mumtaz - Appellant
FACTS:
The appellant has sought information under RTI Act by his application dated
24.07.2006 addressed to the PIO, Rampur Raja Library, Rampur, Uttar Pradesh (“the
Library”) regarding publication of calendars by the Library in the year 2006. The
appellant has requested information against five queries. Except for a letter dated
10.8.2006 from the Library, there was no information from Rampur Library regarding
this information. In the meantime, the appellant has made a complaint before the
Commission on 26.12.2007. Comments were called for vide letter dated 25.03.2008.
The appellant has filed two applications and hence preferred two complaints before the
Commission. The Commission has called for the comments from the Library and the
Commission has received one reply vide letter dated 6.12.2007 from the Officer on
Special Duty. The OSD has forwarded another reply dated 9.4.2008.
DECISION:
2. This case was taken up for hearing on 24.6.2008, which was attended by the
complainant in person and the Library was represented by Mr. Zubair Mahmood,
Assistant. The representative has not even brought any papers along with him for the
deliberations of the hearing, which itself shows he is not conversant with the case. I do
not wish to hold any hearing with a person who is not conversant with the case.
3. I have gone through the RTI application as well as replies received in this
connection. It is learnt during the hearing, the Ministry has not appointed or designated
any CPIO and AA and it appears that the OSD acts as CPIO and Joint Secretary in the
Ministry of Culture is the Appellate Authority. Though the OSD has forwarded the
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letters dated 6.12.2007, 9.1.2008 and 15.04.2008 but they have not been endorsed to the
appellant and the appellant has stated they are also not related to the appeal he has filed.
He is requesting information pertaining to the publication of calendar by the Library and
the persons connected with the publication and expenditure incurred while publishing
these calendars. I, therefore, direct the AA to go through the application and provide
point-wise replies to the appellant within 15 days after collecting the same from the
library. The AA-cum-Joint Secretary is also expected to give suitable direction to the
OSD for performing the role of CPIO in a proper manner. This is not the first occasion I
have come across with this problem. On earlier occasions also I did not receive proper
replies and they are not in a position to give proper reply to the applicants. I, therefore,
require the intervention of the concerned Joint Secretary in the matter. The Joint
Secretary-cum-AA is hereby directed to file his reply within 15 days by endorsing a copy
to the appellant also, from the date of receipt of this direction. After the receipt of the
reply from the AA, the complainant is at liberty to approach the Commission once again,
if need be. On the basis of the reply of AA the matter will be further decided whether to
issue a show-cause notice to the designated CPIO or not. On the above lines, the appeal
is disposed of.
Let a copy of this decision be sent to the appellant and CPIO.
Sd/-
(Padma Balasubramanian)
Central Information Commissioner
Authenticated true copy :
(Prem Singh Sagar)
Under Secretary & Assistant Registrar
Address of parties :
1. Dr. W.H. Siddiqui, CPIO (Under RTI Act), Rampur Raza Library, Rampur, Uttar
Pradesh – 244901.
2. Mr. Lov Verma, Joint Secretary & Appellate Authority (Under RTI Act), Ministry of
Culture, C-Wing, Shastri Bhawan, Dr. Rajendra Prasad Road, New Delhi – 110001.
3. Mr. Faisal Mumtaz, S/o Sh. Mamtaz-ul-Nabi, Ziyarat Khurma, Rampur, U.P.
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