CENTRAL INFORMATION COMMISSION
Complaint No. CIC/WB/C/2009/000305 dated 8-6-2009
Right to Information Act 2005 - Section 18
Appellant: Mrs. Bibha Kumari, Mumbai
Respondent: Dep't of Personnel & Training, (DOPT)
Decision announced 17.5.'10
FACTS
By an application of 26-2-2008 Mrs. Bibha Kumari of Malad East,
Mumbai submitted to the CPIO, Shri Suneel Kumar Arora, Under Secretary,
DOPT arising from Supreme Court Judgement dated 12-5-08 in Civil Appeal
No. 7631/2002 (Dev Dutt Vs. Union of India) on communication of all entries
of ACR of employees. Upon not receiving a response over lapse of a month
Ms. Bibha Kumari moved a complaint before this Commission asking that we
“Please direct them to reply”.
In response to our appeal notice we have received a letter dated 4-5-
2010 from CPIO Shri Suneel Kr. Arora, US, DOPT submitting as follows:
“The RTI application dated 26.2.2009 of Ms. Bibha Kumari was
received by the undersigned on 23.3.2009 and I have clearly
indicated this fact in my reply dated 15.4.2009. It is seen that
she had filed the second appeal dated 17.4.2009 before she
received my aforesaid reply. She had also sent her first appeal
dated 2.5.2009 to the Appellate Authority. This appeal dated
2.5.2009 had come from her new address at Chennai whereas
the RTI application was having Mumbai address and the reply
from the CPIO to the RTI application had been sent to her
Mumbai address. This position was also clarified to her.
Ms. Bibha Kumari had sent an e-mail dated 21.8.2009 to Shri
Pankaj K. P. Shreyaskar, Deputy Secretary & Joint Registrar in
CIC with copy to the undersigned etc. stating that after the
issuance of DoP&T circular dated 14.5.2009 (which was sent to
her with the reply from the first Appellate Authority), there was
no meaning in pursuing the appeal since her purpose was
already served. Accordingly she had requested the CIC to treat
the appeal as closed and withdrawn. A copy of the e-mail is
enclosed.”
The e-mail dated 21-8-09 of appellant Ms. Bibha Kumari addressed,
amongst others, to Jt. Registrar, Central Information Commission is as
follows:
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“I refer my following 3 complaints. I withdraw all of them since
DOPT has issued a circular dated 14.5.2009 on transparency of
Annual confidential Reports. After that excellent circular which
implements Supreme Court Judgement dated 12.5.2008 in Dev
Dutt case, there is no meaning in pursuing the appeals and
complaints, since my purpose is served. Hence please treat the
following appeals and complaints as closed and withdrawn,
under intimation to me, as I don’t want to waste the CIC’s
valuable time. I regret delay and inconvenience if any due to my
shift in residence.”
Appellant Ms. Bibha Kumari has then listed her two complaints and one
appeal as below:
“CIC/WB/C/2009/900305 dated 17.4.2009
Mrs. Bibha Kumari vs. Department of Personnel & Training.
CIC/AT/C/2009/900154 dated 17.1.2009
Bibha Kumari vs. Ministry of Finance
CIC/AT/A/2009/900536 dated 17.1.2009
Bibha Kumari vs. Ministry of Finance.’
DECISION NOTICE
In light of the above request of appellant Mrs. Bibha Kumari and being
satisfied that the reply sought by her has been given and has served her
purpose we accept the plea of appellant Mrs. Bibha Kumari. This appeal is
withdrawn and therefore closed.
Announced on this seventeenth day of May 2010 in open chamber.
Notice of this decision be given free of cost to the parties.
(Wajahat Habibullah)
Chief Information Commissioner
17-5-2010
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.
(Pankaj K.P. Shreyaskar)
Joint Registrar
17-5-2010
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