CENTRAL INFORMATION COMMISSION
Complaint No.- CIC/WB/C/2009/000353 dated: 15.07.'09
Right to Information Act- Section 18
Complainant: Syed Izhar Ul Hasan
Respondent: Central Bureau of Investigation (CBI), New Delhi.
Decision
Announced 3.2.’10
The Commission has received a complaint from Syed Izhar Ul Hasan of
Jamia Nagar, New Delhi praying as follows: –
“I may be provided with the information in public interest.”
That information seeking copies of statement recorded by the Inspection
Officer, CBI regarding one Syed Nasir Ul Hasan in respect of CBI ID No.
8156/RT/2008/ appeal/08 and statement of declaration of his properties
submitted to CBI, together with the present status of the above case was
originally moved through an application of 03.09.2008. In his response of
26.09.2008, the CPIO Shri Vineet Agarwal, Supdt. of Police, CBI, ACB, Delhi
denied the copies of the documents as requested by the complainant u/s 8(1)(g)
& (j) of RTI Act. The complainant, being aggrieved, has approached this
Commission. He has however, not moved an appeal u/s 19(1) of RTI Act before
the 1st appellate authority of CBI.
Decision Notice
Complainant Syed Izhar Ul Hasan, on being refused information by the
CPIO, had the option to prefer a first appeal u/s Section 19(1) of the Act, a
channel still available with him, which has not actually been exhausted. Because
the 1st appellate authority has not addressed the questions of complainant, which
are of direct concern to the CBI and the complainant Syed Izhar Ul Hasan has
pleaded no ground for making a direct complaint before us, the Commission has
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decided to remand this complaint to the First Appellate Authority, Dy. Inspr. Genl.
Of Police, CBI, ACB, Block No.-4, Lodhi Road, New Delhi with the direction that
he dispose of the complaint of Shri Hasan within ten working days of receipt of
this decision notice by treating it as an appeal u/s 19(1) of the RTI Act under
intimation to Shri Pankaj Shreyaskar, Jt Registrar, Central Information
Commission. If not satisfied with the information provided on his 1st appeal,
complainant Shri Syed Izhar-Ul- Hasan will be free to move a 2nd appeal before
us as per Sec 19 (3).
Announced this third day of February, 2010. Notice of this decision be
given free of cost to the parties.
(Wajahat Habibullah)
Chief Information Commissioner)
03.02.2010
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.
(PK Shreyaskar)
Jt. Registrar
03.02.2010
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