CENTRAL INFORMATION COMMISSION
Appeal No. CIC/WB/A/2009/000350 dated 25.3.2009
Right to Information Act 2005 - Section 19
Appellant - Ms. Kela Devi
Respondent - Central Vigilance Commission (CVC)
Decision announced : 7.5.2010
Facts
:
By an application, received on 3.10.08 by the CPIO, CVC, Smt. Kela Devi
of Uttam Nagar, New Delhi applied to CPIO, CV, seeking the following
information:
“I filed a complaint on 28.12.07, which was given case file No.
71/08/7. I have not so far been informed about its status till date.
Kindly provide me with the information about the action taken on
our complaint, for which we will be highly obliged.”
To this, Ms. Kela Devi received a response dated 7.10.08 from CPIO Shri
Prabhat Kumar, Dy. Secy., CVC as follows:
“Your complaint / letter dated 28.12.2007 was considered by the
Commission and the Commission has sought Action Taken Report
from National Commission for Women, 4 – Deen Dayal Upadhyay
Marg, New Delhi. The report is still awaited.”
Aggrieved, Ms. Kela Devi moved an appeal before the Appellate Authority,
CVC and on not receiving a response, has moved her second appeal before us
with the following prayer :
“I request your good self that I am an elderly lady of 93 years.
Kindly ask for report for the injustice being done to me. I may
kindly be provided a reply.”
This prayer has been moved on the following basis :
“I made first appeal on 14.11.08 for which neither I have been given
any satisfactory reply nor any letter has been received by me so
far.”
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In response to our appeal notice, we have received a letter of 9.2.’09
enclosing an order of 24.11.08 passed by Appellate Authority Shri Alok
Bhatnagar of the CVC in which Shri Bhatnagar has taken the following decision :
“I have gone through the relevant record and found that the
complaint dated 28.12.2007 was sent for a report on the action
taken on 25.1.2008. Yet no report has been received so far. CPIO
has already provided the information as is available with him. I have
found that no further information is available with the CPIO.
Therefore, a reminder is being sent by this Commission to Chief
Vigilance Officer, National Commission for Women seeking detailed
report on the action taken on the complaint.”
Against this decision, we have no second appeal.
The present appeal was heard on 7.5.2010. Only respondent Shri Rajesh
Yadav, Dy. Secretary, CVC is present. Although appellant Ms. Kela Devi had
been informed by Notice dated 21.4.2010 regarding the hearing but she has
opted not to be present either herself or through a representative.
Shri Yadav submitted that a response from the National Commission for
Women has been received on 23.7.09.
DECISION NOTICE
Appellant Ms. Kela Devi’s appeal before us is solely for failure of response
to her appeal in the CVC, upon which till that time she had not received any
order. As is clear from the response received from the CVC, this response had
indeed been sent and that too within the time mandated by sec. 19(1) of the RTI
Act. Under the circumstances, there remains no substance in this appeal.
Nevertheless, because what Ms. Kela Devi, an elderly citizen, has sought
in her initial application, regarding the findings on her complaint, the report on
this complaint from the National Commission for Women may at the discretion of
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CPO, CVC now be provided to appellant Ms. Kela Devi. This appeal is disposed
of accordingly.
Announced in the hearing. Notice of this decision be given free of cost to
the parties.
(Wajahat Habibullah)
Chief Information Commissioner
7.5.2010
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.
(Pankaj K.P. Shreyaskar)
Joint Registrar
7.5.2010
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