CENTRAL INFORMATION COMMISSION
Complaint No. - CIC/WB/A/2009/000364 dated: 25.03.'09
Right to Information Act- Section (19)
Appellant : Shri G. M. Menon
Respondent: Supreme Court of India (SCI), New Delhi.
Decision
Announced 3.06.’10
The Commission has received an appeal from Shri G. M. Menon of
Secunderabad, Andhra Pradesh praying as follows:-
“Since the information sought vide my appeal dated
29.12.2008 has not been furnished, I appeal to your good self
to provide me with the information sought.”
That information “if the Lok Ayukta and Upa Lok Ayukta who are
assigned the status of Chief Justice and Judge of the High Court respectively
can be provided with a more expensive and luxurious car than what is being
provided to the Hon’ble Chief Justice and Judges of the Hon’ble High Court of
Andhra Pradesh.”, was originally sought through an application of 15.11.2008. In
his response of 12.12.2008, CPIO, Shri Raj Pal Arora, Addl. Registrar, SCI
informed the appellant that the information sought by him was beyond the
jurisdiction and scope of the duties of the CPIO, SCI under the Right to
Information Act, 2005 to opine, comment or advise on matters, that the request
was not covered under Section 2(f) of the Right to Information Act, 2005 and
cannot be acceded to. Finding the response unsatisfactory, appellant
approached the 1st appellate authority on 29.12.2008 u/s 19(1) of the Act. The
appellant has moved 2nd appeal before us alleging that the appellate authority
has not passed any order.
Because the 1st appellate authority has not addressed the questions of the
appellant, which are of direct concern to his public authority, the Commission has
1
decided to remand this appeal to the Appellate Authority, Shri M. P. Bhadran,
Registrar, SCI, New Delhi with the direction that he dispose of the appeal of
Shri G. M. Menon within ten working days of the date of receipt of this
Decision Notice, under intimation to Shri PKP Shreyaskar, Joint Registrar,
Central Information Commission. If not satisfied with the information provided by
the 1st appellate authority, appellant Shri G. M. Menon will be free to move a 2nd
appeal before us as per Sec 19 (3).
Announced this third day of June 2010 in open chamber. Notice of this
decision be given free of cost to the parties.
(Wajahat Habibullah)
Chief Information Commissioner)
03.06.2010
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.
(PK Shreyaskar)
Jt. Registrar
03.06.2010
2