Central Information Commission Judgements

Shri Shankar Sharan Srivastava vs President’S Secretariat, New … on 22 December, 2009

Central Information Commission
Shri Shankar Sharan Srivastava vs President’S Secretariat, New … on 22 December, 2009
                CENTRAL INFORMATION COMMISSION
                 Complaint No CIC/WB/C/2008/00876 dated: 21.07.'08
                  Right to Information Act 2005-Section 18(1)(b)

Complainant:       Shri Shankar Sharan Srivastava
Respondent:       President's Secretariat, New Delhi.
                           Decision announced 22.12.'09

Facts

: –

The Commission has received a complaint from Shri Shankar Sharan
Srivastava of Saran, Bihar that his request under RTI Act, 2005 seeking
information regarding duties performed by the Hon’ble President on various
issues, submitted to Central Public Information Officer, President’s Secretariat,
New Delhi has not been responded to, even though the same was duly submitted
along with the requisite fee on 14.06.2008.

Having admitted the complaint of Shri Ashok Kumar u/s 18 (1)(b) of the
RTI Act, 2005 the Commission served notice on 19.10.2009 to the CPIO,
President’s Secretariat, New Delhi for furnishing comments on the complaint. In
his response of 28.10.2009 CPIO, Shri H. R. Kohli, submitted his comments by
endorsing a copy of the same to complainant Shri Srivastava. The CPIO has
informed the Commission that the application dated 14.06.2008 of the
complainant, which was received in the secretariat on 17.06.2008, has in fact
been responded on 16.07.2008 well within the mandated time by the CPIO Shri
Faiz Ahmed Kidwai. The CPIO has enclosed a copy of the information supplied
by the CPIO together with his comments.

Decision Notice

From a perusal of the comments received from CPIO Shri Kidwai it is
evident that the request of complainant Shri Shankar Sharan Srivastava has
been responded to by the CPIO within the time mandated, and hence the

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complaint of failure to respond to the request fails. The appellant is advised that
should he have found the response received unsatisfactory, he might approach
the first appellate authority of the President’s Secretariat Ms Rasika Chaube in 1st
appeal u/s 19 (1) and consequently, if not satisfied with the information provided
on his 1st appeal, appellant Shri Ashok Kumar will be free to move a 2nd appeal
before us as per Sec 19 (3). The present complaint is, however, without merit
and is hereby dismissed.

Announced this twenty-second day of December 2009. Notice of this
decision be given free of cost to the parties.

(Wajahat Habibullah)
Chief Information Commissioner)
22.12.2009

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
22.12.2009

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