CENTRAL INFORMATION COMMISSION
Complaint No. - CIC/WB/C/2009/000489 dated 24.10.'09
Right to Information Act- Section 18
Complainant: Shri Subhash Chandra Agrawal
Respondent: Department of Personnel & Training (DoP&T), New Delhi.
Decision announced 5.8.2010
Facts
:-
The Commission has received a complaint from Shri Subhash Chandra
Agrawal of Chandni Chowk, Delhi that his request submitted to the Central Public
Information Officer, Department of Personnel & Training, New Delhi, seeking
information regarding action taken on all the aspects of his letter dated
06.07.2009 addressed to Shri S. K. Sarkar, Joint Secretary, DoP&T, on aspects
of difficulties faced by users of RTI Act in respect of fees to be submitted under
RTI Act, together with file-noting, has not been responded to even though the
same was duly submitted along with the requisite fee dated 31.08.2009.
Admitting the complaint of Shri Agrawal, the Commission served notice on
CPIO, DoP&T, New Delhi on 24.06.2010 for furnishing comments. In response,
CPIO, Shri R. K. Girdhar, Under Secretary, DoP&T, New Delhi has submitted his
comments on 01.07.2010 with a copy endorsed to complainant. The CPIO has
informed the Commission that not only was the application dated 31.08.2009 of
the complainant responded to point-wise by him vide letter dated 22.10.2009, but
the appeal filed by the complainant against the response has also been disposed
of by the first appellate authority of the vide order dated 10.11.2009. CPIO has
enclosed copies of relevant documents with his comments. Complainant has filed
no rejoinder to the comments submitted by CPIO.
Decision Notice
From a perusal of the facts received from CPIO, CVC, it is clear that the
request of the complainant dated 31.08.2009 has indeed been responded to by
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the CPIO. Hence, the complaint of not responding to the request clearly does not
stand and is hereby dismissed.
It is also observed that the appeal against the response of the CPIO has
also been decided by the appellate authority of DoP&T. This can now be
addressed by this Commission only in second appeal u/s 19(3) of the Act.
Announced in open chambers on this fifth day of August 2010. Notice of
this decision be given free of cost to the parties.
Wajahat Habibullah
(Chief Information Commissioner)
05.08.2010
Authenticated true copy, additional copies of order shall be supplied against
application and payment of the charge prescribed under the Act to the CPIO of
this Commission.
Pankaj K. P. Shreyaskar
Joint Registrar.
05.08.2010
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