Sh. Rakesh Aggarwal vs Transport Department, Govt. Of … on 26 October, 2009

                    CENTRAL INFORMATION COMMISSION
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                                                      Decision No.CIC/SG/A/2009/002095/5210
                                                            Appeal No. CIC/SG/A/2009/002095

Appellant                                     :      Sh. Rakesh Aggarwal,
                                                     M/s Nyaya Bhoomi,
                                                     B-24, Vikaram Nagar,
                                                     Feroze Shah Kotla,
                                                     New Delhi-110002

Respondent                                    :      Mr. C.S.Nawani
                                                     Public Information Officer
                                                     Transport Department,
                                                     Govt. of NCT of Delhi,
                                                     5/9, Under Hill Road.
                                                     Delhi-1100054

RTI application filed on                      :      29/05/2009
PIO replied                                   :      09/06/2009
First Appeal filed on                         :      12/06/2009 (before CIC)
First Appellate Authority order               :      16/07/2009
Second Appeal Received on                     :      31/08/2009

Information sought:
Appellant sought information regarding photograph about which allegation made by Mr R P
Gupta during hearing on 28/05/2009 alleged. Other information sought by the Appellant were
following:
    1.     Copy of the said photograph(s) along with the date on which it was taken.
    2.     Any other evidence and material available with Respondent against Shri Pandey
    3.     The person(s) within the Transport Department who is/are in cahoots with Shri
           Pandey.
    4.     A copy of FIR registered in this matter, if any
    5.     Any other action taken so far against Shri Pandey and the person(s) within the
           Transport Department who are in cahoots with him.
    6.     If no action has been taken, reasons for the same.

PIO's Reply:

   1.       PIO replied that the Application was made on the letter head "Nyaya Bhumi" and as
            mentioned on the letter head Nyaya Bhumi" is a society/organization registered under
            the Societies Registration Act, 1860, registered in Delhi under number S/47043 dated
            22/09/20003.
   2.       PIO mentioned giving reference of CIC decision dated 11/04/2006 that provisions of
            Part II of the Constitution and the Citizenship Act, 1955 makes it clear that the right
            of information cannot be claimed by a company or by a company or by and
            association or by a body of individuals.
     3.     PIO stated that no information can be furnished under the RTI Act, to a person who is
           not a citizen within the meaning of Section 3 of RTI Act.
PIO finally stated no information can be furnished, accordingly.

Grounds for First Appeal:
Appellant was not satisfied with the reply of SPIO
The Appellant contended that PIO had maliciously rejected the Application on the ground that
the Application is typed on the letter head of a Society.

Order of the First Appellate Authority:
In FAA order there was stated that Complaint was filed u/s 18 with CIC. It has been remanded
back. SPIO has filed information. Copy of the reply of SPIO shall be given to Appellant.

Grounds for Second Appeal:
No information had been provided.

Relevant Facts

emerging during Hearing:

The following were present:

Appellant: Absent
Respondent: Mr. C.S.Nawani, Public Information Officer
The appellant has sent a letter dated 15/10/2009 stating that he has received the information and
does not wish to pursue the matter.

Decision:

The appeal is withdrawn.

This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.

Shailesh Gandhi
Information Commissioner
26 October 2009
(In any correspondence on this decision, mention the complete decision number.)Rnj