CENTRAL INFORMATION COMMISSION
Complaint No CIC/WB/C/2008/00360 dated: 05.03.'08
Right to Information Act 2005-Section 18(1)(b)
Complainant: Ms S. Radhamony
Respondent: Prime Minister's Office (PMO), New Delhi.
Decision announced 10.12.'09
Facts
: –
The Commission has received a complaint from Ms S. Radhamony of
Madurai, Tamilnadu that her request under RTI Act, 2005 seeking information
regarding action taken on the request sent to PM Dr Manmohan Singh by Dr KS
Manoj, MP on 20.2.’07 for getting help for a 9 year old child Reshma, submitted
to Central Public Information Officer, Prime Minister’s Office, New Delhi, has not
been responded to, even though the same was duly submitted along with the
requisite fee on 22.10.2007.
Having admitted the complaint of Ms. Radhamony u/s 18(1)(b) of the RTI
Act, 2005 the Commission served notice on 09.09.2009 on the CPIO, Prime
Minister’s Office, New Delhi for furnishing comments on the complaint. In her
response of 24.09.2009, the CPIO Ms. Sanjukta Ray, Deputy Secretary
submitted her comments endorsing a copy also to the complainant Ms S.
Radhamony. The CPIO has informed the Commission that as per the available
record the application of the complainant dated 22.10.2007 has not been
received by them. She has further informed that only one letter dated nil was
received from the complainant on 22.11.2007, which was not an application
under the RTI Act and accordingly was disposed of as per approved guidelines in
that office. No rejoinder has been received from the complainant against the
comments submitted by the CPIO. When contacted on the telephone, however
Ms Radhamony informed the Registry that she has proof of delivery of her RTI
application.
Decision Notice
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It is clear from the comments received from CPIO, PMO that as per the
available records no application under Right to Information Act has been
received by the CPIO, Prime Minister’s Office from Ms Radhamony, except a
letter which was received on 22.11.2007, which was not an application under the
RTI Act. There has however been no appeal u/s 19 (1) of the Act. Because the
1st appellate authority has not addressed the questions of appellant, which are of
direct concern to her public authority given complainant’s insistence that she has
indeed submitted a request under RTI as claimed, the Commission has decided
to remand this complaint to Appellate Authority Ms Vini Mahajan, JS, PMO, to
dispose of the appeal of Ms S Radhamony within ten working days from the date
of receipt of this decision, under intimation to Shri Pankaj Shreyaskar, Jt
Registrar, Central Information Commission.
Announced this tenth day of December 2009. Notice of this decision be
given free of cost to the parties.
(Wajahat Habibullah)
Chief Information Commissioner)
10.12.2009
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
10.12.2009
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