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Central Information Commission
Shri Nand Kishore vs Central Vigilance Commission … on 29 January, 2010
                CENTRAL INFORMATION COMMISSION
                  Complaint No. - CIC/WB/C/2009/000288 dated: 02.06.'09
                         Right to Information Act- Section 18

Complainant:        Shri Nand Kishore
Respondent:         Central Vigilance Commission (CVC), New Delhi.

Decision
Announced: 29.1.2010

The Commission has received a complaint from Shri Nand Kishore of
Gurgaon, Haryana praying as follows:-

“…to kindly ask Central Vigilance Commission to inform the
action taken against Mr. Kanan for false report prepared by
him and what basis he took into account while preparing the
report.”

That question in the form of queries regarding a report prepared by Shri
Kanan, Director Central Vigilance Commission against the complainant which
was allegedly “false and cooked report contrary to the facts against me”, was
originally raised through an application of 20.12.2008. In his response of
06.03.2009 CPIO Shri Rohit Tiwari, Director, Central Vigilance Commission
expressed his inability in providing information saying, “your queries do not
amount to seeking information as defined under Section 2(f) of the RTI Act.” The
complainant has moved a complaint before this Commission contending that the
plea taken by the CPIO is “irrelevant and not covering the points/information
sought and even not complying the Section 2(f) of RTI Act”. He has, however, not
approached the first appellate authority, Central Vigilance Commission u/s 19(1)
of the Act.

Nevertheless, the complainant, on getting what he perceived as being a
misleading response from the CPIO, could have preferred an appeal under u/s
Section 19(1) of the Act, a recourse available with him, which has not actually

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been resorted to in the present case. Because the 1st appellate authorities has
not addressed the questions of complainant, which are of direct concern to his
public authority and the complainant has pleaded no ground for making a direct
complaint before us, the Commission has decided to remand this complaint to
the First Appellate Authority Shri Alok Bhatnagar, Additional Secretary, Central
Vigilance Commission, New Delhi to dispose of the complaint of Shri Nand
Kishore within ten working days from the date of receipt of this decision notice,
treating it as an appeal u/s 19(1) of the RTI Act, under intimation to Shri Pankaj
Shreyaskar, Jt Registrar, Central Information Commission. If not satisfied with
the information provided on his 1st appeal, complainant Shri Nand Kishore will be
free to move a 2nd appeal before us as per Sec 19 (3).

Announced this twenty-ninth day of January 2010. Notice of this decision
be given free of cost to the parties.

(Wajahat Habibullah)
Chief Information Commissioner)
29.01.2010

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
29.01.2010

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