Central Information Commission
Room No. 305, 2nd Floor, 'B' Wing, August Kranti Bhavan,
Bhikaji Cama Place, New Delhi110066
Web: www.cic.gov.in Tel No: 26167931
Case No. CIC/SS/A/2011/001201
Dated: 08.11.2011
Name of Appellant : Shri Ratnesh Kumar Pathak
Name of Respondent : Ministry of Home Affairs
Date of Hearing : 02.11.2011
ORDER
Shri Ratnesh Kumar Pathak, the appellant has filed this appeal dated 27.6.2011
before the Commission against the Ministry of Home Affairs, New Delhi, for not providing
complete information to his RTI-request dated 7.3.2011. The matter came for hearing on
02.11.2011. The appellant was absent, whereas the respondents were represented by
Shri K. Murlidharan, Deputy Secretary.
2. The appellant filed an RTI-request dated 7.3.2011 seeking information on the
action taken on his representation dated 15.11.2010 addressed to the Home Minister
regarding his complaint against the Forensic Science Laboratory, Patna. CPIO vide letter
No. 24013/38/RTI/2011-CSR.III dated 28.3.2011 informed the appellant that his letter
dated 15.11.2010 has been sent to the State Government of Bihar for appropriate action
vide letter dated 8.12.2010.
3. Aggrieved by the reply of the CPIO, the appellant preferred first-appeal on
8.4.2011. The FAA vide order No. 24013/38/RTI/2011-CSR.III dated 3.5.2011 upheld the
reply of CPIO with the observation that Police and Public Order are State subjects under
the Seventh Schedule of the Constitution of India and it is the responsibility of the
concerned State Government to prevent, detect, register and investigate crime and
prosecute the criminals involved through the machinery of its law enforcement agencies.
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As the action in the matter was to be taken by the State Government, a copy of appellant’s
RTI request was forwarded by the CPIO to the State Government.
4. During the hearing the respondent submitted that a reply in this respect has been
furnished to the appellant vide letter dated 3.5.2011, while transferring the RTI application
and first appeal (along with its enclosures) to the State Government of Bihar for
appropriate action. A reply has also been received from the State Government in respect
of letter dated 3.5.2011, transferring the application to the Home Department, Patna and a
copy of the said reply was also endorsed to the appellant.
5. Having heard the respondent and perused the relevant documents in file, the
Commission is of the considered view that requisite information permissible under the RTI
Act has been provided by the respondent.
The matter is accordingly disposed of at Commission’s end.
(Sushma Singh)
Information Commissioner
Authenticated true copy:
(K.K. Sharma)
OSD & Deputy Registrar
Address of the parties:
Shri Ratnesh Kumar Pathak,
Mohalla Bankipur Gorakh, Post Fatuha,
District Patna-803201.
The CPIO,
Ministry of Home Affairs,
North Block,
New Delhi-110001.
The First Appellate Authority,
Ministry of Home Affairs,
North Block,
New Delhi-110001.
3 Case No. CIC/SS/A/2011/001201