CENTRAL INFORMATION COMMISSION
Complaint No CIC/WB/A/2008/01142 dated 26.06.'08
Right to Information Act 2005-Section 19(3)
Appellant : Shri V. K. Agarwal
Respondent: Central Administrative Tribunal (CAT), New Delhi.
Decision
Announced 29.9’09
The Commission has received an appeal from Shri V. K. Agarwal of Shiv
Nagar, New Delhi praying as follows:-
“1. Order to supply the information immediately absolutely
free of cost.
2. Order to supply the receipt of Rs 10/- as application fee
submitted by appellant.
3. Initiate disciplinary action against APIO for grabbing the
powers of the CPIO and not putting the application to
the CPIO, as applicable under rules.
4. Impose a penalty of Rs 250/- per day subject to maximum
of Rs 25,000/- from the date of application to the date till
the information are supplied to fulfill the demand as
sought.
5. Any other as Commission deem fit in favour of appellant
as against respondents .”
That information regarding procedure method and manners adopted in
the tribunal to testify the truthfulness of an affidavit filed with the tribunal by a
respondent along with the procedure method and manners under which a
disposed of or dismissed case is reopened was originally sought through an
application of 24.12.2007. In his response of 10.01.2008 the APIO Shri M. M.
Pandey, Deputy Registrar, CAT, New Delhi rejected the request by considering
this a hypothetical question and hence beyond the definition of information as per
the RTI Act. The appellant Shri Agarwal, being aggrieved with the response,
attempted further clarification regarding the information sought by filling another
application under RTI on 20.02.2008. The APIO through his response of
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02.04.2008 reiterated his response against the first application. The appellant
Shri Agrawal, finding the response encouraging ‘falsehood on affidavit’ has
approached the first appellate authority under section 19(1) of the RTI Act. The
appellant has then filed this appeal before us on the ground that the appellate
authority did not pass any order on the appeal filed.
Because the 1st appellate authority has not addressed the questions of
appellant, which are of direct concern to his public authority, the Commission has
decided to remand this appeal to First Appellate Authority Shri N. Ramamurthy
Registrar, CAT, New Delhi to dispose of the appeal of Shri V. K. Agarwal
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 V. K. Agarwal 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)
29-09-2009
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
29-09-2009
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