CENTRAL INFORMATION COMMISSION
Appeal No.2957/ICPB/2008
F. No. PBC/2008/00641
October 23, 2008
In the matter of Right to Information Act, 2005 - Section 18
[Hearing on 14.10.2008 at 1.30 p.m.]
Appellant: Mr. Sanjeev Rathore
Public authority: Ministry of Culture
Mr. Ghulam Mustafa, Under Secretary & CPIO
Mr. Pravind L. Agarwal, Deputy Secretary & First AA
Parties Present: Respondent not present.
Mr. Sanjeev Rathore-Appellant
Mr. Prem Nath
DECISION
This case was taken up for hearing on 14.10.2008, which was attended by
the appellant in person. None attended the hearing from the Ministry of Culture
though notice of hearing has been sent to the PIO. I have gone through the
documents on record. The appellant was also heard in person.
2. This particular appeal has been forwarded to this Commission through the
Dy. Chief Postmaster, Delhi GPO, Delhi. However, it is noted the appellant has
not submitted any proof of payment of RTI fee or the acknowledgement of the
Ministry of Culture. However, during the hearing the appellant has stated that he
has sent similar RTI applications to different Ministries and he has got reply from
many of them. He has also averred that the requisite fee has already been paid
to the Ministry. In view of this, it is decided to give one more final opportunity to
the CPIO of Ministry Culture. Accordingly, the CPIO of the Ministry of Culture is
directed to go through the appeal once again and provide point-wise reply to all
the points raised by the appellant in his RTI application dated 16.2.2008 within 15
days from the date of receipt of this decision. For this purpose, a copy of second
appeal along with RTI application is enclosed along with this decision. While
providing the reply the CPIO should give the particulars of the first AA in the
Ministry. In case if the appellant is not satisfied with the reply of the CPIO he can
file first appeal before the first AA. Thereafter if he is still not satisfied he can
approach the Commission once again.
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3. In case if the subject matter is not pertaining to the Ministry of Culture the
papers should be transferred to the concerned Ministry with a copy of the
appellant. In case if the CPIO is found to be not taking suitable action under RTI
Act he will be liable for penalty under section 20(1) of RTI Act. This should be
kept in mind by the CPIO.
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. Mr. Ghulam Mustafa, Under Secretary & CPIO, Ministry of Culture, Shastri
Bhawan, New Delhi.
2. Mr. Pravind L. Agarwal, Deputy Secretary & First AA, Ministry of Culture,
Shastri Bhawan, New Delhi.
3. Mr. Sanjeev Rathore, Chief of Vanar Sena, 142, 2nd Floor, New Qutab Road,
Near Pul Mithal, Sadar Bazar, Delhi – 110 006.
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