Central Information Commission Judgements

Shri.A.M. Attar vs Ministry Of External Affairs on 14 November, 2011

Central Information Commission
Shri.A.M. Attar vs Ministry Of External Affairs on 14 November, 2011
                         CENTRAL INFORMATION COMMISSION
                             Club Building (Near Post Office)
                           Old JNU Campus, New Delhi - 110067
                                  Tel: +91-11-26161796

                                                             Decision No. CIC/SG/A/2011/002030/15659
                                                                     Appeal No. CIC/SG/A/2011/002030

Relevant Facts

emerging from the Appeal:

Appellant                            :       Mr. A.M. Attar,
                                             Shamshad Nagar,
                                             D/2 Bldg, Flat No. 05,
                                             Munbai - Pune Road,
                                             Mumbra - 400612, Maharashtra.

Respondent                           :       Mr. Manish Chauhan

Public Information Officer & Director (RTI)
Ministry of External Affairs,
O/o The Director (RTI)
619, Akbar Bhawan,
Chankya Puri, New Delhi.

RTI application filed on             :       03/03/2011
PIO replied                          :       28/03/2011
First appeal filed on                :       11/04/2011
First Appellate Authority order      :       Not Given
Second Appeal received on            :       23/07/2011

Information sought:-

Please provide me the following information with respect to the same.

1. Reason recorded u /s 4(1) (D) of RTI act the haj Committees account is always in arrears
inspite of engaging a private firm and action taken by the principal chief controller of accounts
for the constant arrears.

2. Reason recorded u/s 4(1) (D) of RTI act for not taking any action when Haj Committee is
consistently not complying the objections raised by the audit department .

3. Please provide me the zerox of internal audit report of the Haj Committee Mumbai for the
year 2000-20001 to till date since the internal audit is not conducted by the principal audit.
(Central ) Mumbai (Copy is enclosed)

4. Reason recorded u /s 4 (1) (D) of RTI act for subsidy given to Haj pilgrims is passed
provisionally since 2000 and not audited.

5. Whether the same (above mentioned in item no. 4) facility is extended to any firm, institution,
industry ever if yes provide me zerox copies of same.

PIO response:-

Information / documents sought by you run into 95 pages. You are, therefore, requested to send a
Bank Draft / Indian Postal Order of Rs. 190/- (Rupees one hundred ninety only) @ Rs.2/- per page, in
the name of “PAO, MEA, New Delhi” to enable us to send you the requisite information.

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Grounds for the First Appeal:

Unsatisfactory information was given by the PIO.

Order of the First Appellate Authority (FAA):
No order had passed by First Appellate Authority.

Grounds for the Second Appeal:

Unsatisfactory reply received by the Appellant and no order had passed by FAA.

Relevant Facts emerging during Hearing:

The following were present
Appellant: Mr. A.M. Attar on video conference from NIC-Mumbai Studio ;
Respondent: Mr. Manish Chauhan, Public Information Officer & Director (RTI); Mr. A. M. Khan,
Deemed PIO & Section Officer;

The PIO ahs provided certain information but is now directed to provide the following
information:

1- If MEA has taken any action about the arrears in the accounts of the Haj Committee, the
Appellant will be informed. If no action has been taken this will be stated.
2- Query-2: If no action has been taken against the Haj Committee, the appellant informed about
the reasons on the record. If there are no reasons on the records this will be stated.

The Appellant points out that the audit objections have not been removed since nearly a decade.

Decision:

The Appeal is allowed.

The PIO is directed to provide the information as directed above to the Appellant
before 10 December 2011.

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
14 November 2011
(In any correspondence on this decision, mention the complete decision number.)(ANP)

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