Central Information Commission
Appeal No.CIC/SM/A/2008/00072 dated 23-03-2008
Right to Information Act-2005-Under Section (19)
Dated: 10 November 2009
Name of the Appellant : Shri G. Purohit
S-O-4, Mahaveer Nagar - III,
Kota, Rajasthan.
Name of the Public Authority : CPIO, Ministry of Finance,
Department of Financial Services,
Jeevan Deep Building,
Parliament Street, New Delhi.
The Appellant was present in person.
On behalf of the Respondent, the following were present:-
(i) Shri Rajinder Sood, Central Public Information Officer,
(ii) Shri Satinder Kumar, Section Officer
2. In this case, the Appellant, in his application dated March 23, 2008,
requested the CPIO for the copies of a number of documents and
communications in respect of Regulation 26 and its applicability to retired
personnel. The CPIO replied on April 8, 2008 and while providing part of the
information, denied the rest claiming that some of his queries did not
amount to information within the meaning of Section 2(f) of the Right to
Information (RTI) Act. Not satisfied with this reply, he appealed to the first
Appellate Authority on May 8, 2008. The Appellate Authority disposed of the
appeal in her order dated June 5, 2008 in which she, more or less, upheld
the stand of the CPIO. It is against this order that the Appellant has come
before us in second appeal.
3. We heard this case through videoconferencing. The Appellant was
present in the Kota studio of the NIC whereas the Respondent was present in
our chamber. We heard their submissions. The Appellant specifically
CIC/SM/A/2008/00072
submitted that all that he wanted to know now was limited to the copy of
the proposal which the Ministry of Finance had sent to the Law Ministry for
seeking its advice on the applicability of the ruling of the High Court in the
case of the Vijaya Bank concerning Regulation 26 to retired employees. We
do not see any reason for withholding this information. Therefore, we direct
the CPIO to provide to the Appellant within 10 working days from the
receipt of this order, a certified copy of the proposal which the Finance
Ministry had sent to the Law Ministry in the above matter along with the
copy of the advice received from that Ministry.
4. With the above direction, the appeal is disposed off.
5. Copies of this order be given free of cost to the parties.
(Satyananda Mishra)
Information Commissioner
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.
(Vijay Bhalla)
Assistant Registrar
CIC/SM/A/2008/00072