CENTRAL INFORMATION COMMISSION
Appeal No CIC/WB/A/2007/00867 dated 19.08.2007
Right to Information Act 2005-Section 19
Appellant: Smt. M. H. Desai
Respondent: Dep't of Personnel & Training (DoPT)
Ministry of Personnel, Public Grievances & Pension, New Delhi.
Decision
The Commission has received an appeal from Smt. M. H. Desai of
Ahmedabad praying as follows: –
1. “It is requested that the PIO, DoP&T, New Delhi may be
directed to immediately provide complete information.
This would include proper reply to my application along
with necessary orders. The AA may also be directed to
submit his reply, point wise.
2. Since the prescribed time limit of 30 days as described
in Section 7(1) had strong action may be taken against
the PIO, DoP&T, New Delhi in form penalty for the delay.
Info may be provided free.
3. It is requested that neither respondent be allowed to
submit any additional grounds in this Second Appeal. I
also with to state very clearly that this application was
made for “SEEK ING INFORMATION. The respondent
should at not be allowed to submit anywhere that this is
an attempt to “SEEK GRIEVANCE REDRESSAL”.
Respondent may be asked to provide me with their Para
wise reply to you to allow me to submit a rejoinder.”
That information seeking applicability of a Railway Board letter on casual
labour services to be counted for financial upgradation under ACP Scheme and
subsequent clarifications issued, to “other similarly placed Central Govt.
Employees” was sought through an application submitted to CPIO DoPT on
25.04.’07. On receiving a response on 21.5.’07 that she considered incomplete
Smt. M. H. Desai submitted an appeal on 5.6.’07 before first appellate authority
Ms Smita Kumar Director Estt-1, DoPT. On not receiving a response Smt. M. H.
Desai has moved a 2nd appeal before us. He has however, not taken recourse to
a 1st appeal allowed to him u/s 19 (1) of the RTI Act
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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 & Director (Estt.I),
Department of Personnel & Training, North Block, New Delhi, Mrs. Smita Kumar
to dispose of the appeal of Smt. M. H. Desai within ten working days from
the date of receipt of this decision, under intimation to Shri Pankaj
Shreyaskar, Jt Registrar, Central Information Commission.
The FAA should furthermore satisfy herself on the issue of delay, which
prima facie appears unfounded provided that it can be established that the
response dated 21.5.’07 was indeed dispatched before the expiry of 30 days
since its receipt. However if so required Ms Smita Kumar will approach this
Commission for initiation of proceedings under section 20 sub0sections (1) or (2)
of the RTI Act for imposition of penalty and/or recommending appropriate
disciplinary action against any official found in default.
If not satisfied with the information provided on his 1st appeal, appellant
Smt. M. H. Desai 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)
06.01.09
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
06.01.2009
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