Pramod Kumar Gupta vs Department Of Empowerment Of Persons ... on 11 July, 2025

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Pramod Kumar Gupta vs Department Of Empowerment Of Persons ... on 11 July, 2025

Bench: Heeralal Samariya

                                     के न्द्रीय सूचना आयोग
                            Central Information Commission
                                 बाबा गंगनाथ मागग, मुननरका
                            Baba Gangnath Marg, Munirka
                             नई दिल्ली, New Delhi - 110067

नितीय अपील संख्या / Second Appeal No. CIC/DEPDD/A/2024/625860

Shri Pramod Kumar Gupta                                         ... अपीलकताग/Appellant
                                   VERSUS/बनाम

PIO, Department of Empowerment of Persons                   ...प्रनतवािीगण /Respondent
with Disabilities (Divyangjan)

Date of Hearing                         :    09.07.2025
Date of Decision                        :    09.07.2025
Chief Information Commissioner          :    Shri Heeralal Samariya

Relevant facts emerging from appeal:
RTI application filed on          :          16.04.2024
PIO replied on                    :              - -
First Appeal filed on             :          29.05.2024
First Appellate Order on          :          June 2024
2ndAppeal/complaint received on   :          Nil

 Information sought

and background of the case:

The Appellant filed an RTI application dated 16.04.2024 seeking information on the following points:-

"According to the RTI Act 2005, please provide me with the entire proceedings of notification number 3671 dated 16 August 2023, published on 29 August 2023, S.O.3832 (E), by DEPwD, this should include the Copies of:-

1) The requisition letter from the Income Tax department.

2) Every copy of all note sheets from the concerned files through which this requisition letter was processed.

3) A copy of the approval of the Chief Commissioner PWD.

4) The minutes of any meetings/consultations/suggestions/experts committee/ Stakeholders etc. involved in this process, If involved, please provide the names of all persons/units, their views on this exemption, and their designation in writing.

5) Copies of any other proceedings related to the exemption which is not mentioned/left in the above four points."

Dissatisfied with the non-receipt of information from the CPIO, the Appellant filed a First Appeal dated 29.05.2024. The FAA vide order dated June 2024 stated as under:-

"I have examined the response of the CPIO to your RTI Application. Point-wise reply to your RTI Appeal is furnished as under:

(a) A copy of the proposal of CBDT for seeking exemption is enclosed.

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(b) Chief Commissioner for PwDs is not the approving authority for granting exemption. A representative of O/o CCPD is included in the Expert Committee empowered to consider the proposals for exemption.

(c) Please specify the documents you are seeking through RTI.

2. The appeal stands disposed off."

Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.

Facts emerging in Course of Hearing:

A written submission dated 02.07.2025 has been received from CPIO with a copy duly marked to the Appellant wherein the Respondent has stated that the following grounds for filing of the second appeal have been addressed:

i) Illegible documents

ii) Missing proof/document regarding CCPD consultation The Respondent attached clear copies of documents with respect to the first ground of objection of the Appellant. With respect to the second ground, the Respondent stated as under:

"..in r/o CCPD consultation, the same was clarified while disposing the first appeal that Chief Commissioner for PwDs is not the approving authority for granting exemption. A representative of O/o CCPD is included in the Expert Committee empowered to consider the proposals for exemption. The copy of the Minutes is enclosed.."

Hearing was scheduled after giving prior notice to both the parties.

Appellant: Not present Respondent: Ms. Debala Bhattacharjee - CPIO/US, Department of Empowerment of Persons with Disabilities was present during hearing. The Respondent stated that the information available on record has been duly sent to the Appellant and referred to the written submission dated 02.07.2025 to state that even the grounds of objection taken by the Appellant to file this second appeal had been addressed and duly removed. The Appellant has not attended the hearing.

Decision Upon perusal of records of the case and after hearing averments of the parties, the Commission is of the considered opinion that information available on record with the public authority as defined under Section 2(f) of the RTI Act has been duly furnished to the Appellant, in terms of the provisions of the RTI Act. Since appropriate information in terms of provisions of the RTI Act has already been provided by the Respondent and the Appellant has chosen not to contest the case, no further intervention is warranted in this case, under the RTI Act.

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The appeal is disposed off accordingly.

Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अनिप्रमानणत सत्यानपत प्रनत) S. K. Chitkara (एस. के . नचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 3 of 3 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-

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