CENTRAL INFORMATION COMMISSION
Appeal No. CIC/WB/A/2009/000407 dated 27.3.2009
Right to Information Act 2005 - Section 19
Appellant - Shri Harbans Singh
Respondent - President's Secretariat
Decision announced 12.8.2010
Facts
:
By an application of 24.9.08 received in the President’s Secretariat on 30.9.08,
Shri Harbans Singh of Kanpur sought the following information:
“Appellant is sufferer of 1984 riots against Sikhs. The Uttar Pradesh
Government rejected his request for compensation. After that appellant
approached Hon’ble President for the same. President’s Secretariat
forwarded his request to the Chief Secretary, Government of Uttar
Pradesh. Till date, appellant has not received any reply / information on
the subject. It is, therefore, prayed that action taken on the appellant’s
appeal may kindly be intimated.”
To this, Shri Harbans Singh received a response dated 29.10.08 from CPIO Shri
Faiz Ahmad Kidwai, informing Shri Harbans Singh as follows:
“Your request has been forwarded to the Chief Secretary, Government of
Uttar Pradesh for appropriate action on 12.3.08 (Computerized copy
attached). For further action and information, you may contact that office
because the subject matter pertains to his jurisdiction. This Secretariat has
no progress report on the subject in its record.”
Not satisfied with this response, Shri Harbans Singh moved an appeal on 5.11.08
before Ms. Rasika Chaube, Internal Financial Advisor, Rashtrapati Bhawan, on the
following grounds:
“The appellant has himself mentioned in his appeal under RTI Act, 2005
that his application has been forwarded by this Secretariat to the Chief
Secretary, Govt. of UP; therefore, the 1st point in the application addressed
to President’s Secretariat is baseless.
Taking action on the application of appellant, the President Secretariat has
forwarded his application to the Chief Secretary, Govt. of UP. Therefore,
taking of further action and supplying information by the President’s
Secretariat is genuine and reasonable.
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If the subject matter of the appeal relates to Chief Secretary, Govt. of UP,
then it should have been transferred to him under sec. 6(3) of the RTI Act,
2005.”
On not receiving a response, Shri Harbans Singh then moved a second appeal
before this Commission with the following prayer:
“1. Kindly provide justice by taking prompt and judicious action,
keeping in view the age of the petitioner, delay in justice and
anticipated package grant by the Government of India.
2. Kindly grant appropriate compensation for the loss of Rs. 1,
25,000/- met by appellant in 1984 (i.e. 24 years ago).
3. Keeping in view the age of the appellant, his son Shri Manmeet
Singh r/o 124A/540 Block 11, Govind Nagar, Kanpur may also be
permitted to be present in the hearing.
The case was scheduled for hearing through Videoconference on 12-8-2010.
However, we find that this is a duplicate of the appeal already heard in appeal No.
WBA/A/2009/000321 dated 15.2.2010.
DECISION NOTICE
Since this case is simply a duplicate on which a decision has already been
announced, the present appeal is infructuous and allowed to abate.
Announced in open chamber at scheduled time of hearing. Notice of this decision
be given free of cost to the parties.
(Wajahat Habibullah)
Chief Information Commissioner
12-8-2010
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.
(Pankaj K.P. Shreyaskar)
Joint Registrar
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12-8-2010
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