CENTRAL INFORMATION COMMISSION
Appeal No. - CIC/WB/A/2009/000535 dated: 30.04.'09
Right to Information Act- Section 19
Appellant : Shri Vasudeo Vensimal Kanuga
Respondent: Prime Minister's Office (PMO)
Decision
Announced 15.06.’10
The Commission has received an appeal from Shri Vasudeo Vensimal
Kanuga of Pune Maharashtra praying as follows:-
“… 1st appellate authority has not responded or passed order.”
That question seeking a series of information against more than 27
points which were related to various public authorities was originally moved
through an application of 17.01.2009. In his response of 09.02.2009, the CPIO,
Shri Amit Agrawal, Director, PMO, New Delhi informed the appellant “…no
specific information could be located on record maintained in this office, insofar
as it pertains to the requests related to this office. ….The information sought is
not held by this office and is scattered with more than one other public authority.
Therefore, the application clearly does not fulfill the legal requirement of being
addressed to the public authority concerned, and since it is also not related to
any one particular public authority, and since it is not related to any one
particular public authority it is not to be transferred to another public authority
under section 6(3) of the Right to Information Act, 2005. As such these requests
cannot be treated as valid requests under the right to information.” Being
aggrieved with the response the appellant approached the 1st appellate authority
of the department. The appellant has moved 2 nd 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, the Commission might in the normal course have decided to remand
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this appeal to the Appellate Authority, Prime Minister’s Office, New Delhi to
dispose of the appeal of Shri Vasudeo Vensimal Kanuga. However the appellant
is in non-compliance with the first requirement of the RTI Act, Sec 6(1) of which
reads as follows:
A person, who desires to obtain any information under this Act, shall
make a1 request in writing or through electronic means in English or
Hindi or in the official language of the area in which the application is
being made, accompanying such fee as may be prescribed, to–
1(a) the Central Public Information Officer or State Public Information
Officer, as the case may be, of the concerned public authority;
(b) the Central Assistant Public Information Officer or State Assistant
Public Information Officer, as the case may be,
In light of this we must come to the conclusion that this appeal is without
merit and is hereby dismissed. In case appellant wishes to pursue the issues
raised, he may do so with the public authorities concerned, addressing “a”
request to each in order to obtain information as per Sec 7(1) of the Act
Announced this fifteenth day of June 2010 in open chambers. Notice of
this decision be given free of cost to the parties.
(Wajahat Habibullah)
Chief Information Commissioner)
15.06.2010
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
15.06.2010
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Underlined by us for emphasis
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