CENTRAL INFORMATION COMMISSION
Appeal No. - CIC/WB/A/2009/000353 dated: 252.03.'09
Right to Information Act- Section 19
Appellant : S. Vaikundarajan
Respondent: Department of Personnel & Training (DoP&T), New Delhi.
Decision
Announced 31.3.’10
The Commission has received an appeal from Shri S. Vaikundarajan of
Tirunelveli District, Tamil Nadu praying as follows:-
“… my appeal may kindly be admitted for hearing and thus
render justice.”
Shri S. Vaikundarajan’s application seeking a copy of the report with
enclosures received from State Government of Tamil Nadu for inclusion of Indian
Administrative Service Tamil Nadu cadre for the year 2006 and 2007 was
originally moved through an application of 03.06.2008 addressed to DoPT. In his
response of 20.06.2008, CPIO, Shri S. S. Shukla, Under Secretary, DoP&T
informed the appellant “The document of which copy has been requested for has
emanated from the Government of Tamilnadu and has been marked as
CONFIDENTIAL by them and as such before supplying the same the consent of
the State Government will be required in terms of provision of Section 11(1) of
the RTI Act, 2005.” However, the CPIO forwarded the application of the appellant
to PIO, Public (Special A) Department, Secretariat, Chennai with a request to
provide the requisite records directly to the appellant. The appellant is of the
opinion that since the requested information is available with DoP&T and that is a
public document not relating to a particular 3rd party information and not a
personal document, forwarding his request to the State Govt. amounts to
rejection of his request and on this ground he approached the 1st appellate
authority of the department. The appellant has moved 2nd appeal before us
alleging that the appellate authority has not passed any order.
1
st
Because the 1 appellate authority has not addressed the questions of
the appellant, which are of direct concern to the DoPT, the Commission has
decided to remand this appeal to the First Appellate Authority, Shri S. Jainendra
Kumar, Deputy Secretary, Department of Personnel & Training, New Delhi to
dispose of the appeal of Shri S. Vaikundarajan within ten working days of the
date of receipt of this Decision Notice, under intimation to Shri PKP Shreyaskar,
Joint Registrar, Central Information Commission. If not satisfied with the
st
information provided by the 1 appellate authority, appellant Shri S.
nd
Vaikundarajan will be free to move a 2 appeal before us as per Sec 19 (3).
Announced this thirty-first day of March 2010. Notice of this decision be
given free of cost to the parties.
Wajahat Habibullah
(Chief Information Commissioner)
31.03.2010
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.
31.03.2010
2