CENTRAL INFORMATION COMMISSION
Complaint No CIC/WB/C/2008/00312 dated: 28.02.'08
Right to Information Act 2005-Section 18(1)(e)
Complainant: Shri Nandlal Sharma
Respondent: Prime Minister's Office (PMO), New Delhi.
Decision announced 30.11.'09
Facts
: –
The Commission has received a complaint from Shri Nandlal Sharma of
Ajmer, Rajasthan that his request dated 20.01.2008 under RTI Act, 2005 seeking
information related to meetings of the Prime Minister, submitted to Central Public
Information Officer, Prime Minister’s Office, New Delhi has been given an
incomplete response. However, the complainant has not enclosed the copy of
response received from the CPIO with the petition before us.
Having admitted the complaint of Shri Sharma u/s 18(1)(e) of the RTI
Act, 2005 the Commission served notice on 07.09.2007 to the CPIO, Prime
Minister’s Office, New Delhi seeking comments on the complaint. In her response
of 25.09.2009 The CPIO Ms. Sanjukta Ray, Deputy Secretary submitted
comments endorsing a copy also to complainant Shri Nandlal Sharma. CPIO Ms.
Sanjukta Ray has informed the Commission that the request of the complainant
had been denied by a letter dated 21 February, 2008 in light of the provisions of
Sections 7(9), 8(1) and 11 of the Right to Information Act, 2005 by stating the
grounds for denial in detail. She has enclosed the copy of the reply given to
complainant Shri Sharma. On the other hand the complainant Shri Sharma has
filed a rejoinder before us stating that the he does not agree with the information
provided.
Decision Notice
Because the 1st appellate authority has not addressed the questions of
appellant, which are of direct concern to his public authority and because the
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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 Ms. Vini Mahajan Joint Secretary, Prime Minister’s Office, to
dispose of the complaint of Shri Nandlal Sharma as 1st appeal 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 this 1st appeal, appellant Shri Nandlal Sharma will be
free to move a 2nd appeal before us as per Sec 19 (3).
Announced this thirtieth day of November 2009. Notice of this decision
be given free of cost to the parties.
(Wajahat Habibullah)
Chief Information Commissioner)
30.11.2009
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
30.11.2009
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