Roop Singh vs Department Of Economic Affairs on 14 September, 2019

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Central Information Commission

Roop Singh vs Department Of Economic Affairs on 14 September, 2019

1. The issues under consideration arising out of the second appeal dated 17.07.2017 include non-receipt of the following information raised by the appellant through his RTI application dated 09.02.2017 and first appeal dated 29.03.2017:-

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(i) Whether it is fact my above mentioned letter dated 19-11-2016 was received by office of Hon'ble Minister of Finance and Shri Shakti Kant Das, Secretary, Ministry of Finance, Govt. of India, New Delhi?

(ii) What action has been taken by now on the points mentioned in the above letter dated 19-11-2016?

(iii) Please advise para-wise reply on the points mentioned in the letter received from CMD, Central Bank of India. Mumbai.

(iv) What are the reason for delay in not advising the status of the case till date?

2. Succinctly facts of the case are that the appellant filed an application dated 09.02.2017 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO),Ministry of Finance, R.T.I Cell, North Block, New Delhi seeking aforesaid information. The CPIO did not reply within prescribed time. Dissatisfied, the appellant filed first appeal dated 29.03.2017. The CPIO replied on 21.04.2017. The First Appellate Authority did not pass any order. Aggrieved by this, the appellant has filed a second appeal dated 17.07.2017 before this Commission which is under consideration.

3. The appellant has filed the instant appeal dated 17.07.2017 inter alia on the grounds that the CPIO and the FAA did not reply to the RTI Application. The appellant requested the Commission to take necessary actions as per the RTI Act.

4. The CPIO vide letter dated 21.04.2017 stated that the subject matter of RTI Application is related to the Department of Financial Services, therefore the same was transferred under section 6(3) of the RTI Act, 2005. The FAA did not pass any order. Hearing on 24.07.2019:

5. The appellant attended the hearing in person and respondent remained absent.

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Interim Decision (26.07.2019):

5.1. The Commission passed the following directions on 26.07.2019:

"The Commission after adverting to the facts and circumstances of the case, hearing the appellant and perusal of records, feels that in view of the absence of the respondent the relevant facts of the case could not be ascertained. Therefore, in the interest of justice, the respondent is given a final opportunity to appear before this Commission and the matter is adjourned."

Hearing on 27.08.2019:

5.2. The appellant and on behalf of the respondent Shri Surinder Kumar, Under Secretary and Shri Hemant, Assistant Section Officer, Department of Financial Services, Jeevan Deep Building, New Delhi, attended the hearing in person. 5.3. The appellant argued that he had not received the information in spite of lapse of over 2 years.

5.4. The respondent stated that they had received hearing notice dated 01.08.2019 through Department of Economic Affairs only two days back. They did not have the RTI application and at the same time they had to trace the previous papers before responding to the RTI application. The CPIO further submitted that he had been posted very recently in the department.

6. During the course of hearing it was revealed by the appellant himself that he filed another RTI which was addressed to the Central Bank of India. The Central Bank of India(CPIO) gave information/reply on 19.04.2017. Aggrieved by the reply given by the CPIO (Central Bank of India), the appellant filed second appeal which was dismissed vide Commission's order dated 19.9.2018. After taking a holistic view of the issue, the Commission directs the respondent that the copy of RTI application, Page 3 of 4 second appeal and the order of the CIC dated 19.9.2018 wherein the parties were the appellant and the Central Bank of India may be collected and point-wise reply may be provided to the appellant within 10 days from the date of receipt of this order.

Copy of the decision be provided free of cost to the parties.

Sd/-

(Suresh Chandra) (सुरेश चं ा) Information Commissioner (सूचना आयु ) दनांक/Date: 13.09.2019 Authenticated true copy R. Sitarama Murthy (आर. सीताराम मूत ) Dy. Registrar (उप पंजीयक) 011-26181927(०११-२६१८१९२७) Addresses of the parties:

CPIO :

1. DEPARTMENT OF ECONOMIC AFFAIRS RTI CELL, NORTH BLOCK NEW DELHI THE F.A.A., DEPTT. OF ECONOMIC AFFAIRS, NORTH BLOCK, NEW DELHI ROOP SINGH Page 4 of 4

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