Central Information Commission
Manuel Raj J vs Department Of Personnel & Training on 17 June, 2022
Author: Saroj Punhani
Bench: Saroj Punhani
के ीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमाग , मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
File No : CIC/DOP&T/C/2021/623833
CIC/DOP&T/C/2021/623830
Manuel Raj J ....िशकायतकता /Complainant
VERSUS
बनाम
CPIO,
Lokpal Of India, RTI Cell,
Plot No. 6, Vasant Kunj,
Institutional Area, Phase II,
New Delhi - 110070. .... ितवादीगण/Respondent
Date of Hearing : 15/06/2022
Date of Decision : 15/06/2022
INFORMATION COMMISSIONER : Saroj Punhani
Note: The above referred Complaints have been clubbed for decision as these
are based on similar RTI Applications.
Relevant facts emerging from complaint:
RTI application filed on : 13/04/2021
CPIO replied on : 12/05/2021
First appeal filed on : 17/05/2021
First Appellate Authority's order : 31/05/2021 & 24/05/2021
2nd Appeal/Complaint dated : NIL
CIC/DOP&T/C/2021/623833
1
Information sought:
The Complainant filed an online RTI application dated 13.04.2021 seeking the following information:
"I have filed Complaint before the Lokpal of India New Delhi under the Lokpal and Lokayuktas Act 2013 of Complaint dated 12th December 2020 of 162 pages with Proofs Whereas the Complaint was Closed ILLEGALLY with False Reasons. In this regards Please provide me the information:
1 Please explicit in details of the Guidelines or Procedure or Steps followed on receiving Complaints under the Lokpal and Lokayuktas Act 2013 2 Certified copies of note sheet indicating notings by various officials and decision of competent authority on my above mentioned complaint dated 12th December 2020 3 Certified copy of investigation report or feedback obtained with respect to the grievances raised in my above mentioned complaint dated 12th December 2020 4 Certified copy of the note sheet indicating notings by various officials and decision of competent authority on investigation report or feedback obtained with respect to the issues raised in my above mentioned complaint dated 12th December 2020 5 Certified copies of letter or directions and or instructions issued to concerned authority or subordinate office as a follow up action based on investigation report or feedback on my above mentioned complaint dated 12th December 2020 6 In case no action is taken on my complaint dated 12th December 2020 as per Procedure please inform me the name of officers and staff responsible but failed to take action as per Procedure on my above mentioned complaint dated 12th December 2020 7 Certified copy of your rules or citizens charter or any other document stipulating procedures and the time frame in number of days by which such a complaint or matter should have been dealt with and resolved by your public authority 8 Certified copy of the orders of preliminary inquiry by its Inquiry Wing or any other agency or refer it for investigation by any agency including the CBI 9 Certified copy of the report of Investigation Agency of preliminary inquiry by its Inquiry Wing or any other agency or refer it for investigation by any agency including the CBI 10 Certified copy of the explanation of the public servant with respect to the issues raised in my above mentioned complaint dated 12th December 2020 11 How many complaints have been sent or referred to the Central Vigilance Commission and the CBI with respect to Complaints on Central government servants 2 12 Certified copy of CVC report and CBI report to the Lokpal regarding officials' Central government servants proceed as per the CVC Act."
The CPIO furnished a point-wise reply to the complainant on 12.05.2021 stating as follows:-
Point no. 1:- "On receipt of the complaint the scrutiny sheet is prepared by the Scrutiny Section of the Lokpal of India and the complaint along with scrutiny sheet is sent to the Bench of the Lokpal of India. The Bench after due deliberation passes orders and then the Secretariat of Lokpal pursues the complaint further as per order of the Bench.
Point No. 2 & 4:- There are six pages of note sheet. The same are annexed. Point No. 3:- Since your complaint was disposed of by the Bench of Lokpal of India in its first hearing. Hence there is not investigation report or feedback. Point No. 5:- No such directions or instruction were issued. Point No. 6:- The complaint was disposed of as per order of the Bench of the Lokpal of India. A copy of the order has already been sent to you. Point No. 7:- Lokpal of India functions as per provisions of the Lokpal and Lokayuktas Act, 2013 and Lokpal Complaint Rules 2020. Both these documents and guidelines etc are available on the website of the Lokpal of India i.e. http://lokpal.gov.in or on internet.
Point No. 8, 9 & 10:- No preliminary inquiry was ordered in your case. Point No. 11:- Information is available on the website of the Lokpal of India. Point No. 12:- In your case no such report was received."
Being dissatisfied, the complainant filed a First Appeal dated 17.05.2021. FAA's order dated 31.05.2021 held as under:-
2....... "it is intimated that under the RT1 Act, 2005 you can seek information which is part of some file of some office but questions, queries, request for some specific action etc are not covered under the Act. Though for your convenience it is clarified that you have mentioned that it is written on the website 'When a complaint is received, the Lokpal may order a Preliminary Inquiry by its Inquiry Wing or any other agency' but may order does not mean it will order so compulsorily. Lokpal goes into merits of the complaint and many complaints are disposed of in its first order, If Lokpal deems fit then Preliminary Inquiry is ordered. If it is ascertained that prima facie a case of corruption stands then a through investigation is ordered but before ordering investigation it calls for an explanation from the complainant."3
CIC/DOP&T/C/2021/623830 Information sought:
The Complainant filed an online RTI application dated 13.04.2021 seeking the following information:
"I have filed Complaint against Officials of Lokpal for Tampering document Proofs to favour Culprits of Complaint under Section 38 of the Lokpal and Lokayuktas Act 2013 vide Complaint dated 1st February 2021 addressed to the Hon'ble Chairperson Lokpal of India Whereas Under Secretary Lokpal has Closed the Complaint ILLEGALLY vide his letter dated 12th March 2021. In this regards Please provide me the Information:-
1. Please explicit in details of the Guidelines or Procedure or Steps followed on receiving Complaints under Section 38 of The Lokpal and Lokayuktas Act 2013.
2. Certified copies of note sheet indicating notings by The Hon'ble Chairperson and decision of competent authority on my above mentioned complaint dated 01st February 2021.
3. Certified copy of investigation report or feedback obtained with respect to the grievances raised in my above mentioned complaint dated 01st February 2021.
4. Certified copy of the note sheet indicating notings by The Honorable Chairperson and decision of competent authority on investigation report or feedback obtained with respect to the issues raised in my above mentioned complaint dated 01st February 2021.
5. Certified copies of letter or directions and or instructions issued to concerned authority or subordinate office as a follow up action based on investigation report or feedback on my above mentioned complaint dated 01st February 2021.
6. In case no action is taken on my complaint dated 01st February 2021 as per Procedure please inform me the name of officers and staff responsible but failed to take action as per Procedure on my above mentioned complaint dated 01st February 2021.
7. Certified copy of your rules or citizens charter or any other document stipulating the time frame in number of days by which such a complaint or matter should have been dealt with and resolved by your public authority
8. Certified copy of the orders of preliminary inquiry by its Inquiry Wing or any other agency or refer it for investigation by any agency including the CBI.
9. Certified copy of the report of Investigation Agency of preliminary inquiry by its Inquiry Wing or any other agency or refer it for investigation by any agency including the CBI .
10. Certified copy of the explanation of the public servant with respect to the issues raised in my above mentioned complaint dated 01st February 2021.4
11. How many complaints have been sent or referred to the Central Vigilance Commission and the CBI with respect to Complaints on Central government servants including Lokpal Officials.
12. Certified copy of CVC report and CBI report to the Lokpal regarding officials Central government servants proceed as per the CVC Act."
The CPIO furnished a point-wise reply to the complainant on 12.05.2021 stating as follows:-
Point no. 1:- "On receipt of the complaint the scrutiny sheet is prepared by the Scrutiny Section of the Lokpal of India and the complaint along with scrutiny sheet is sent to the Bench of the Lokpal of India. The Bench after due deliberation passes orders and then the Secretariat of Lokpal pursues the complaint further as per order of the Bench.
Point No. 2 & 4:- There are six pages of note sheet. The same are annexed. Point No. 3:- Since your complaint was disposed of by the Bench of Lokpal of India in its first hearing. Hence there is not investigation report or feedback. Point No. 5:- No such directions or instruction were issued. Point No. 6:- The complaint was disposed of as per order of the Bench of the Lokpal of India. A copy of the order has already been sent to you. Point No. 7:- Lokpal of India functions as per provisions of the Lokpal and Lokayuktas Act, 2013 and Lokpal Complaint Rules 2020. Both these documents and guidelines etc are available on the website of the Lokpal of India i.e. http://lokpal.gov.in or on internet.
Point No. 8, 9 & 10:- No preliminary inquiry was ordered in your case. Point No. 11:- Information is available on the website of the Lokpal of India. Point No. 12:- In your case no such report was received."
Being dissatisfied, the complainant filed a First Appeal dated 17.05.2021. FAA's order dated 24.05.2021 held as under:-
"duplicate appeal."
Feeling aggrieved and dissatisfied, complainant approached the Commission with the instant Complaint.
Relevant Facts emerging during Hearing:
The following were present:-5
Complainant: Not present.
Respondent: Awinash Chandra, US & CPIO present through intra-video conference.
The CPIO submitted that the Appellant has been provided with the available notesheet(s) and other information in a point-wise manner and the FAA had also explained to the Appellant the process of disposal of complaints.
Decision The Commission based on a perusal of the facts on record observes that the Appellant has not sought for any relief that is permissible under the RTI Act. Through the instant matter, the Appellant has sought to channelize his grievance with certain action taken by Lokpal on his complaint. The CPIO has provided an appropriate reply as per the provisions of the RTI Act leaving no scope of intervention at this stage.
The Complaint(s) are disposed of accordingly.
Saroj Punhani(सरोजपुनहािन) Information Commissioner (सू सूचनाआयु ) Authenticated true copy (अिभ मािणतस!यािपत ित) (C.A. Joseph) Dy. Registrar 011-26179548/ [email protected] सी. ए. जोसेफ,उप-पंजीयक दनांक / Date 6