Shri Mahajit Singh vs Senior Superintendent Of Police … on 10 August, 2009

Central Information Commission
Shri Mahajit Singh vs Senior Superintendent Of Police … on 10 August, 2009
                CENTRAL INFORMATION COMMISSION
                 Complaint No CIC/WB/C/2008/00475 dated 20.03.'08
                  Right to Information Act 2005-Section 18(1)(e)

Complainant: Shri Mahajit Singh
Respondent: Senior Superintendent of Police (SSP),Central Bureau of

Investigation,(CBI), New Delhi.

Decision
Announced 10.8.’09

The Commission has received a complaint from Shri Mahajit Singh of
Mathura, Uttar Pradesh praying as follows:-

“I may be provided with the information sought for by me
through my application dated 22.02.2008.”

That information regarding his complaint filed on 02.05.2006 with the CBI
was originally moved before the PIO, Directorate CBI through an application of
22.02.2008. In his response of 07.03.2008 the CPIO, Senior Superintendent of
Police (Policy Division) asked the complainant to provide him a copy of his
complaint dated 02.05.2006 as neither the details of his complaint nor the copy of
the same had been given by the complainant. Shri Mahajit Singh has moved a
complaint before us alleging that despite submitting the copy of the complaint
again on 13.03.2008 no information was supplied to him. He has not however
moved an appeal before first appellate authority under sub-section 1 of Sec. 19
of the RTI Act 2005.

Because the 1st appellate authority has not addressed the questions of
appellant, which are of direct concern to his public authority and because the
complainant has pleaded no ground for making a direct complaint to us u/s
18(1)(e), the Commission has decided to remand this complaint to the First
Appellate Authority Shri Sudhir Kumar Saxena Joint Direct (P) CBI, Policy
Division, North Block, New Delhi to dispose of the complaint of Shri Mahijit
Singh within ten working days from the date of receipt of this decision,

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under intimation to Shri Pankaj Shreyaskar, Jt Registrar, Central Information
Commission.

The appellate authority will also satisfy himself on this issue of deemed
refusal, and if so required approach this Commission for initiation of proceedings
under section 20 of the RTI Act for imposition of penalty and/ or recommending
appropriate disciplinary action against any defaulting official.

If not satisfied with the information provided on his 1st appeal, appellant Shri
Mahajit Singh will be free to move a 2nd appeal before us as per Sec 19 (3).

Announced. Notice of this decision be given free of cost to the parties.

(Wajahat Habibullah)
Chief Information Commissioner)
10.08.2009

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
10.08.2009

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