CENTRAL INFORMATION COMMISSION
Appeal No CIC/WB/C/2008/00616 date: 06.06.'09
Right to Information Act 2005-Section 18(1) (e)
Appellant: Shri Sharad Singhal
Respondent: Department of Personnel & Training, (DoPT)
Decision
Announced 24.8.’09
The Commission has received a complaint from Shri Sharad Singhal of
Jind, Haryana praying as follows:-
“You are therefore requested to issue suitable instruction to
M/o DOPT, North Block New Delhi to supply the information
under RTI Act, 2005 immediately and necessary disciplinary
action may be taken against the defaulting official who are
sitting over the matter.”
That information regarding expert advice given by the department including
detailed copy of noting pages and comments of the department of the file dealing
with the complainant’s applications submitted on 26.09.2007, 12.11.2007,
17.12.2007, 26.12.2007 & 23.02.2008 requesting exemption from basic training
of 60 RR on the basis of 59 RR, was originally sought through an application of
26.03.2008. In his response of 22.04.2008 the CPIO Shri Ziley Singh Vical, Desk
Officer, DoP&T informed the complainant that the relevant file which contained
the information sought for could not be located despite their efforts as the dealing
hand was on long leave and the information would be made available only after
his joining the office in the month of May, 2008. The complainant Shri Singhal
has moved this complaint before us alleging that no information was supplied by
the CPIO thereafter.
Because the 1st appellate authority has not addressed the questions of
complainant, which are of direct concern to his public authority and because the
complainant has pleaded no ground for making a direct complaint to us u/s
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18(1)(e), the Commission has decided to remand this complaint to the First
Appellate Authority & Director (Service), Department of Personnel and
Training, North Block New Delhi to dispose of the complaint of Shri Singhal
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 his 1st appeal,
appellant Shri Singhal will be free to move a 2nd appeal before us as per Sec 19
(3).
In disposing of this appeal, the appellate authority will satisfy himself on
the issue of delay in response beyond that promised in the initial response, and if
required approach this Commission for initiation of proceedings under section 20
of the RTI Act for imposition of penalty and/ or recommending appropriate
disciplinary action.
Announced. Notice of this decision be given free of cost to the parties.
(Wajahat Habibullah)
Chief Information Commissioner)
24.08.2009
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
24.08.2009
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