Central Information Commission Judgements

Mr. Praveen Kapoor vs M/O I & B on 3 September, 2009

Central Information Commission
Mr. Praveen Kapoor vs M/O I & B on 3 September, 2009
                   Central Information Commission
                                                                   CIC/AD/C/2009/000450

                                                                 Dated 3rd September, 2009

Name of the Applicant                    :   MR. PRAVEEN KAPOOR


Name of the Public Authority             :   M/O I & B

Background

1. The Applicant filed his RTI application dated 14.03.09 with CPIO seeking information
as follows:

i) The copy of the role of the financial adviser of the M/o I & B/ Department in
implementing the report of 6th pay commission in full or its part.

ii) It is mentioned in the report of 6th pay commission that the approval of financial
adviser of the ministry of I & B/department is necessary before implementing the
report of 6th pay commission in full or its part? Copy of the instructions is supplied.

iii) Documentary reason for not implementing the decision of the Govt. vide Sl No.
(W)(e) of the Govt. Resolution dated 29th August 2008, for placing Group B
employees of Department of posts, revenue

2. The CPIO replied to the RTI request stating that the document not available in the
file. Not satisfied with the reply the Applicant filed his First Appeal on 16.04.09
reiterating his request for the information. Being aggrieved at not receiving any
reply form the Appellate Authority he filed the Second appeal before CIC on 16.05.08
requesting for information against 3 points.

3. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the
hearing for 3rd September, 2009

4. Smt. Kavita Pandey, Director, Amrit Lal, Under Sectery, Finance represented the
Public Authority.

5. The Applicant was not present during the hearing.
Decision

6. The Respondent submitted that the CPIO furnished the reply toof the RTI request on
09.04.09 enclosing information against all the points. She stated that the information
which was sent through speed post was returned with the comment by the post man
that the Appellant had left the given address. She further added that the post man
tried thrice to deliver the letter but failed to do so, which was evident from the copy
of the speed post envelope which she presented before the Commission.

7. The Appellate Authority disposed off the first Appeal vide letter dated 18.06.09 while
informing the Applicant that the CPIO had furnished the required information on
09.04.09 and enclosing a copy of the CPIO’s reply. According to the Respondent the
Appellate Authority was not aware of the fact that the speed post letter was not
received by the Appellant till she received the notice from the CIC about the
hearing. However, the Speed post letter was once again returned with the post
man’s comment that the Appellant is not available at that address. In this peculiar
situation the Commission directs the Applicant to inform the CPIO about his correct
address or meet with the CPIO personally and obtain the information. This exercise
to be completed by end of September, 2009 .

8. The Appeal is accordingly disposed of.

(Annapurna Dixit)
Information Commissioner
Authenticated true copy:

(G. Subramanian)
Assistant Registrar
Cc:

1. Mr. Praveen kapoor
R/o J- 3/27, First Floor,
Opp Malviya Public School,
Khirkee Extension,
Malviya Nagar,
Delhi

2. The CPIO
M/o I & B,
A- Wing
Shastri Bhavan,
Dr. Rajender Prasad Road,
New Delhi

3. The Appellate Authority
M/o I & B, Room No. 710,
A Wing, Shastri Bhavan,
Dr. Rajender Prasad Road,
New Delh

4. Officer in charge, NIC

5. Press E Group, CIC