CENTRAL INFORMATION COMMISSION
Complaint No CIC/WB/C/2008/00230 dated: 14.02.2008
Right to Information Act 2005-Section 18(1)(b) & (d)
Complainant: Shri Omkar Prasad Maheshwari
Respondent: High Court of Delhi, New Delhi.
Decision announced 31.12.'09
Facts
: –
The Commission has received a complaint from Shri Omkar Prasad
Maheshwari of Shahadra, Delhi, that his two requests dated 21.11.2007 and
13.12.2007 under Right to Information Act, 2005 seeking information on his
petition No. 14997/06 filed before the High Court of Delhi, has not been
responded to by the PIO of Delhi High Court.
Having admitted the complaint under Section 18(1)(b) & (d) of the RTI Act,
the Commission served notice on 28.08.2009 on the PIO High Court of Delhi for
furnishing comments on the complaint. However, as per the available records no
such comments have been received from the PIO, High Court of Delhi.
Decision
From a perusal of the facts available on the record, however, it stands
established that the request of the complainant has indeed been replied to by the
PIO, Delhi High Court, New Delhi by a letter dated 28.11.2007, in which the
complainant was advised to submit the prescribed application fee payable to the
Registrar General High Court of Delhi and not to the Accounts Officer Delhi. The
Second RTI application of the complainant dated 13.12.2007 has also been
responded to by the PIO High Court of Delhi on 16.01.20087 in which the
complainant has again been advised to file the application as per the prescribed
fee payable to the Registrar General High Court of Delhi, New Delhi.
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“Prescribed” as mentioned under Section 2(g) means “prescribed by rules
made under this Act by the appropriate Government or the Competent authority
as the case may be”. Under section 2 (e)(iii) of the Right to Information Act, 2005
the Chief Justice of High Court is the ‘Competent Authority’ so designate, and
hence the Rules framed to carry out the provisions of this Act regarding the fee
payable under Sub Section (1) of Section 6 and under subsection (1) of section 7
is in accordance with the Right to Information Act, 2005. In light of above, the
present complaint is therefore, unsustainable and is dismissed.
Announced this thirty-first day of December 2009. Notice of this decision
be given free of cost to the parties.
(Wajahat Habibullah)
Chief Information Commissioner)
31-12-2009
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
31-12-2009
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