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Sh. Jai Bhagwan Jatav vs Planning Commission on 25 January, 2010

Central Information Commission
Sh. Jai Bhagwan Jatav vs Planning Commission on 25 January, 2010
                      Central Information Commission
                  Room No. 5, Club Building, Near Post Office
                   Old J.N.U. Campus, New Delhi - 110067
                              Tel No: 26161997

                                                         Case No. CIC/SS/A/2009/000084

        Name of Appellant                            :      Sh. Jai Bhagwan Jatav

        Name of Respondent                           :      Planning Commission

Background

Sh. Jai Bhagwan Jatav, the Appellant has filed an application dated 12.07.2009,
seeking information on action taken by the Planning Commission on the Minutes of the
Meeting of the Forum of SC & ST MPs held on 22.05.2006 in the Planning Commission.
The CPIO/Dy. Advisor (RTI), through his letter dated 22.07.2009 informed the Appellant
that the Ministry of Social Justice and Empowerment and the Ministry of Tribal Affairs
are the Nodal Implementing Authorities, and the Appellant was asked to collect the
relevant information from the concerned Ministries. The Appellant thereafter filed a first
appeal before the First Appellate Authority (FAA)/Advisor, RTI, Planning Commission,
submitting that the letter of the CPIO, does not indicate whether the said minutes has
been forwarded to the Ministry of Social Justice and Empowerment for necessary action.
The FAA/Advisor, RTI Planning Commission, through his letterdated 27.08.2009,
attached a copy of the minutes of the meeting of the Forum of SC & ST Members of
Parliament held on 22.05.2005, in the Planning Commission. The Appellant has,
thereafter, filed a second appeal before the Commission alleging that the First Appellate
Authority was specifically requested for a copy of the forwarding letter as he could not
seek information on follow-up action from the nodal agencies without a reference. The
Appellant further submits that in absence of forwarding letter it can be concluded that the
Planning Commission have not forwarded the said minutes for action either to the
Centre/State Authorities concerned or to the nodal agencies.

2. The matter was heard on 25.01.2010

3. Sh. Jai Bhagwan Jatav, the appellant was present for the hearing.

4. Sh. Sher Singh, CPIO, Sh. A. Kachnap, Dy. Advisor, Smt. Roohi Siddiqui,
SRO and Sh. Naseem Ahmed, APIO represented the respondent.
Decision

During the hearing the respondent submits that the Minutes of the meeting has been
sent to the then Minister of Social Justice and Empowerment and to the then Minister of
Tribal Affairs. The appellant, on the other hand submits that the Minutes of the Meeting
have not been received by the nodal Ministries.

Since the respondent submits that he has not received the forwarding letter, the
respondent are directed to provide another copy to the appellant within 15 days of the
receipt of the order, free of cost.

However, as far as the Planning Commission is concerned, the right course for
them should have been to transfer the RTI application of the appellant to the CPIO of the
concerned Ministry u/s 6(3) of the RTI Act, 2005, for the information regarding the
follow-up action by the concerned Ministries. Therefore, the respondents are directed to
transfer the RTI application of the appellant to the CPIO of the concerned Ministries,
within five days of receipt of this order.

The matter is disposed off with these directions.

(Sushma Singh)
Information Commissioner
25.01.2010
Case No. CIC/SS/A/2009/000084

Authenticated true copy:

(P.C. Purkait)
S.O. & Asst. Registrar

Copy to:

1. Sh. Jai Bhagwan Jatav
B-2, Extn/2, Gali No. 7
Krishna Nagar
Safdarjung Enclave
New Delhi

2. Sh. Nassem Ahmed
Govt. of India
Planning Commission
Yojana Bhavan
Sansad Marg
New Delhi-110001

3. The Appellate Authority /Advisor (RTI)
Govt. of India
Planning Commission
Yojana Bhawan
Sansad Bhavan
New Delhi

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