CENTRAL INFORMATION COMMISSION
Complaint No CIC/WB/A/2007/00658 dated 17.05.2007
Right to Information Act 2005-Section 19 (3)
Complainant: Shri K. Ajan,
Respondent: Ministry of Defence
Decision
The Commission has received an appeal from Shri K. Ajan Advocate of PO
Kodunanoor, Trivandrum, praying as follows:
“Intimate action taken by Defence Secretary Government of
India, to the petition dated 04.08.2006 & Compensation for the
delay in disposing the appeal.”
Because the 1st appellate authority has not addressed the questions of
appellant, which are of direct concern to his public authority and because
appellant has pleaded no ground for making a direct complaint to us u/s 18 (1)
(e), the Commission has decided to treat this application as 1st appeal and
remand this appeal to Shri Jatinderbir Singh, JS (Trg) & CAO, Ministry of
Defence, 155-E, Block, New Delhi who is directed to obtain the report from Dir
(AG) as referred by Shri VK Langan in his letter of February 12, and
dispose of the appeal of Shri K. Ajan within ten working days from the date
of receipt of this decision, under intimation to Shri Pankaj Shreyaskar, Jt
Registrar, Central Information Commission.
If not satisfied with the information provided on his 1st appeal, complainant
Shri K. Ajan will be free to move a 2nd appeal before us as per Sec 19 (3).
We also find from a perusal of the record that the application was made on
20.11.’06 and a response has gone from APIO Shri Man Mohan Lal on 24.11.’07,
i.e. within the time limit mandated by Sec 7 sub-section (1), asking for payment of
fees. We are not aware of payment and response thereafter. There is therefore
no further cause of action on this account
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Announced in open chamber on 29.7 ’08. Notice of this decision be given
free of cost to the parties.
(Wajahat Habibullah)
Chief Information Commissioner)
29.07.’08
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
29.07.2008
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