Central Information Commission Judgements

Shri Rajiv Jain vs High Court Of Delhi, New Delhi. on 17 July, 2009

Central Information Commission
Shri Rajiv Jain vs High Court Of Delhi, New Delhi. on 17 July, 2009
                CENTRAL INFORMATION COMMISSION
                 Complaint No CIC/WB/C/2008/00311 dated 04.03.2008
                   Right to Information Act 2005-Section 18(1) (e)

Complainant: Shri Rajiv Jain
Respondent:     High Court of Delhi, New Delhi.

Decision

The Commission has received a complaint from Shri Rajiv Jain of South
Extension-1, New Delhi praying as follows:-

“Now no need to prove that the CPIO, Hon’ble High Court of
Delhi, New Delhi were knowingly given false information to me
(Rajiv Jain) on dated 29/01/2008 under RTI Act 2005.”

That information regarding status of his complaint dated 29.08.2007
against Reserve Bank of India and United Bank of India and other related
information was sought from Hon’ble Chief Justice of High Court of Delhi through
an application that was originally moved on 20.12.2007. In his response of
29.01.2008 PIO Shri J. L. Kalra has provided para-wise information to Shri Jain.
Shri Jain again moved an application of 03.02.2008 seeking information derived
from the reply given by the PIO. In his response of 23.02.2008 PIO again
provided information to Shri Jain. Shri Jain has moved a complaint before us
alleging that the information provided by the PIO by his response dated
29.01.2008 was false as per the information supplied by his response dated
23.02.2008. 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 the High Court of Delhi, the
Commission has decided to remand this complaint to First Appellate
Authority High Court of Delhi, New Delhi to dispose of the appeal of Shri
Jain within ten working days from the date of receipt of this decision

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

If not satisfied with the information provided on his 1st appeal, appellant
Shri Rajiv Jain 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)
17.07.2009

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
17.07.2009

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