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Central Information Commission

Mr.Shamim Equabal vs Ministry Of Social Justice And ... on 10 June, 2010

                           Central Information Commission
                     Room No. 5, Club Building, Near Post Office
                      Old J.N.U. Campus, New Delhi - 110067
                                 Tel No: 26161997

                                                                    Case No. CIC/SS/A/2010/000057

          Name of Appellant                                     :        Sh. Shamim Equabal

          Name of Respondent                                    :         M/o Law & Justice

                                                 ORDER

Sh. Shamim Equabal, the Appellant, vide his application dated 2.01.2009, addressed to the PIO, Office of the Chief Minister, U.P., while attaching a clipping of a newspaper, sought the following information, regarding the alleged derogatory statement against the U.P. Chief Minister and the Chief Justice of India, by Sh. Mohan Singh, MP under the RTI Act, 2005:-

(i) Whether the office of U.P. Chief Minister would take cognizance of the said derogatory statement published in the newspaper.
(ii) Whether U.P. Government would help the Appellant to initiate contempt proceedings against the said statement with the permission of Attorney General.

Subsequently, the RTI application was transferred to the M/o Social Justice & Empowerment. The Respondent CPIO / Govt. of India / M/o Social Justice & Empowerment and the FAA / Jt. Secretary, M/o Social Justice & Empowerment then respective replies to the Appellant vide letter dated 24.03.2009 and 27.04.2009 respectively. Not satisfied with the replies of the PIO & FAA, the Appellant has filed the present appeal before the Commission.

The matter was heard on 7.06.2010.

The Appellant was not present.

Smt. Nidhi Khare, Director, M/o Social Justice & Empowerment and Sh. Sanjeev Kumar, Jt. Secretary represented the Respondent Public Authority.

Without going into the merits of the case, the Commission finds that the subject matter of the sought for information relates to the State Govt. Hence, this Commission does not have jurisdiction to hear the case. The Appellant is advised to file an Appeal/Complaint before the concerned Appellate Authority of the State Govt.

The matter is disposed off accordingly.

(Sushma Singh)                                                                            Information Commissioner 10.06.2010