In the Central Information Commission
at
New Delhi
File No: CIC/AD/C/2010/000544
Date of Hearing : January 28, 2011
Date of Decision : January 28, 2011
Parties:
Complainant
Brig (Retd.) Ujjal Dasgupta
Flat No. 112, Dakshinayan Apartment,
Plot No. 19, Sector 4,
Dwarka,
New Delhi 110 075
Present in person.
Respondents
Ministry of External Affairs
Represented by: Shri P. Roychaudhari, Counsel.
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
Decision Notice
Case being remitted to the Appellate Authority
In the Central Information Commission
at
New Delhi
File No: CIC/AD/C/2010/000544
ORDER
Background
1. The Applicant, on 06.10.2008, filed his RTIapplication with the CPIO, CPV Division, M/o External
Affairs, New Delhi and on not receiving any reply he filed his 1stappeal with the Appellate Authority
on 13.02.2009. This appeal also went unheeded. The Applicant, thereafter, filed the present
complaintpetition in the Commission on 10.03.2010 requesting that the PIO be directed to furnish the
information to him and that the penal action under Section 20(1) be initiated against the PIO for not
giving any reply within the set limit.
Decision
2. Since the Complainant’s petitions (i.e. RTIapplication and 1stappeal) have not been examined by the
Respondents it is considered fit to remit this case to the Appellate Authority, who being an officer of
the Public Authority has direct access to the information sought. The matter is accordingly being
remitted to the Appellate Authority (Shri Muktesh Pardeshi, Joint Secretary (PSP)) with a direction
that he shall examine the Complainant’s RTIapplication dated 06.10.2009 and arrive at a finding on
each element of the complainant’s various RTIqueries. This is to be completed by 5th March, 2011.
3. The Complainant, should he still be dissatisfied with the Appellate Authority’ decision, may approach
the Commission in a 2ndapppeal along with a complaint, if any.
4. The Complaint is disposed of with the above directions.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy
(G.Subramanian)
Deputy Registrar
Cc:
1. Brig (Retd.) Ujjal Dasgupta
Flat No. 112, Dakshinayan Apartment,
Plot No. 19, Sector 4,
Dwarka,
New Delhi 110 075
2. Shri Muktesh Pardeshi, Joint Secretary (PSP) ( along with copy of the file remit)
& the Appellate Authority
Ministry of External Affairs
Patiala House Annexe,
Tilak Marg
New Delhi
3. The Public Information Officer
Ministry of External Affairs
Regional Passport office
SCO 2832, Sector 34A
Chandigarh
4. Officer Incharge, NIC