CENTRAL INFORMATION COMMISSION
Complaint No.- CIC/WB/C/2007/00507 Dated 02-11-2007
Right to Information Act- Section 18 (1) (b)
Complainant: Shri A. K. Sharma
Respondent: Dep't of Personnel & Training (DoPT)
Ministry of Personnel, P. G. & Pensions, New Delhi.
Facts
: –
The Commission has received a complaint from Shri A. K. Sharma of
Dwarka, New Delhi that his request under RTI Act, 2005 submitted to Central
Public Information Officer, Department of Personnel & Training, New Delhi
seeking information regarding recruitment methods adopted in the appointment
of Smt. Pragya Richa Srivastava on deputation as Joint Commissioner,
administration under the Ministry of Human Resources Development has not
been responded to, even though the same was duly submitted along with the
requisite fee dated 20-07-2007.
Admitting the complaint of Shri Sharma u/s Section 18(1)(b) of RTI Act,
2005 the Commission issued a notice on 17-01-2009 to the CPIO, Department of
Personnel & Training, New Delhi for furnishing comments on the complaint. In
response, the CPIO & Director Ms. R. Gayathri has submitted her comments on
19-03-2009, that the request dated 20-07-2007 of Shri Sharma has been duly
responded to by their letter dated 07-08-2007, in which Shri Sharma had been
advised to obtain the required information directly from the Ministry of Human
Resources Development as the matter was pertaining to them. However, a copy
of the notice of the Commission was transferred to the Ministry of Human
Resources Development by Ms. Anuradha S. Chagti, Deputy Secretary & first
appellate authority of Department of Personnel & Training and in response,
Director Shri V. Jayachandran, Department of School Education & Literacy,
Ministry of Human Resources Development, New Delhi has submitted their
comments on 28-04-2009 enclosing copies of the full correspondence made with
the department by complainant Shri Sharma under Right to Information Act, 2005
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regarding the issue in question, including the reply given by the CPIO and order
passed by the first appellate authority of the department against the request for
information and the appeal filed by Shri Sharma. Copies of comments submitted
by both the authorities have also been endorsed to the complainant Shri Sharma.
Decision
It is evident from the comments received from the CPIO, DoPT that the
request of Shri Sharma has indeed been responded to within the time mandated.
and the question of denial of information by the CPIO, DoPT does not stand
scrutiny. If Shri Sharma is not satisfied with the response received in appeal
before the MHRD, he is free to move a 2nd appeal before this Commission u/s 19
(3). In light of above the present complaint against the CPIO, DoPT is hereby
dismissed.
Announced. Notice of this decision be given free of cost to the parties.
(Wajahat Habibullah)
Chief Information Commissioner)
30-06-2009
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
30-06-2009
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