CENTRAL INFORMATION COMMISSION
Complaint No.- CIC/WB/C/2009/000473 dated: 30.03.'09
Right to Information Act- Section 18
Complainant: Ms. Tripta Kaur
Respondent: Department of Personnel & Training (DoP&T), New Delhi.
Decision announced 23.7.'10
Facts
:-
The Commission has received a complaint from Ms. Tripta Kaur of
Chander Vihar, Delhi that her request submitted to the Central Public Information
Officer, Department of Personnel & Training, New Delhi seeking information
regarding PIDPI resolution and on the reading materials supporting that
resolution, together with information regarding reason for not advertising the
resolution in public, has not been responded to, even thought the same was duly
submitted along with requisite fee dated 16.06.2009.
Admitting the complaint of Ms. Kaur, the Commission served notice on
CPIO, DoP&T, New Delhi on 28.06.2010 for furnishing comments. In response,
CPIO Shri Teja Singh, Under Secretary, DoP&T, New Delhi has submitted his
comments on 08.07.2010 with a copy endorsed to complainant. The CPIO has
informed the Commission that the application of the complainant was not
received in his department. The CPIO has further informed that on the basis of
the letter under reference, a reply has now been sent to the applicant on
08.07.2008. The CPIO has enclosed the copy of the letter sent to the
complainant with his comments. The complainant has filed no rebuttal to the
comments submitted by the CPIO.
Decision Notice
As stated by the CPIO in the comments, the reason for not responding to
the request of the complainant was non-receipt of the request of complainant in
the department. But there is no comment regarding the 1 st appeal filed on
06.08.2009 by the complainant with the department. If the said appeal would
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have been received in the department, the exercise of tracing the application
could have been initiated or a response sent to the applicant earlier. In light of
the above, comments submitted by the CPIO is incomplete. The Commission
hereby directs the 1st appellate authority, DoPT, New Delhi to conduct an enquiry
into the failure to respond to the 1st appeal and submit a report to us within 15
days from receipt of the decision notice to enable us to initiate further action in
this matter, if required.
On the other hand the desired information has now been sent to the
complainant on 08.07.2010 by CPIO. The complainant is hereby advised that
should she find the response incomplete, she might approach the 1st appellate
authority of the department and consequently if, not satisfied with the information
provided on her 1st appeal, she will be free to move a 2 nd appeal before us u/s
19(3).
Announced on this twenty-third day of July 2010 in open chamber. Notice
of this decision be given free of cost to the parties.
Wajahat Habibullah
(Chief Information Commissioner)
23.07.2010
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.
23.07.2010
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