Deepak Kumar Rana vs National Human Rights Commission on 23 February, 2024

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Deepak Kumar Rana vs National Human Rights Commission on 23 February, 2024

Bench: Heeralal Samariya

                                 के न्द्रीयसूचनाआयोग
                        Central Information Commission
                              बाबागंगनाथमार्ग, मुनिरका
                        Baba Gangnath Marg, Munirka
                          नईदिल्ली, New Delhi - 110067

द्वितीय अपील संख्या / Second Appeal No. CIC/NHRCM/A/2023/605510

Shri Deepak Kumar Rana                                          ... अपीलकर्ता/Appellant
                                   VERSUS/बनाम

PIO, National Human Rights Commission                       ...प्रतिवादीगण /Respondent

Date of Hearing                          :   23.02.2024
Date of Decision                         :   23.02.2024
Chief Information Commissioner           :   Shri Heeralal Samariya

Relevant facts emerging from appeal:
 RTI application filed on           :        09.10.2022
 PIO replied on                     :        04.11.2022
 First Appeal filed on              :        04.11.2022
 First Appellate Order on           :        02.12.2022
 2 Appeal/complaint received on
  nd
                                    :        03.02.2023

Information sought

and background of the case:

The Appellant filed an RTI application dated 09.10.2022 seeking information on following points:-

"Dear sir I file a complaint on 07.09.22 and transfer on 11.09 22.state human right commission (the secretary ta division gol chakkar dhurwa ranchi 834004). But there is no action taken at this time what are the reason please proceed my complain as soon as possible it is very urgent. I attached pdf of complain"

The CPIO, NHRC vide letter dated 04.11.2022 replied as under:-

"In this regard, it is to clarify that State Human Rights Commissions are autonomous and independent bodies and NHRC does not have any appellate jurisdiction or administrative control over them. This Commission has no further information about case no. 1490/34/11/2022. The NHRC is also not required under any Law/Rule/Regulation to make accessible the information. The applicant may, if so desired, approach the CPIO of the Jharkhand SHRC to get the requisite information. It is further to clarify that the applications filed under R.T.I. Act provides access to any information held on record of a public authority and these are exclusively meant for seeking information only, any other request/prayer is beyond the purview of RTI Act/CPIO, including expediting the process of a complaint."

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Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 04.11.2022. The FAA and Dy Registrar (Law), NHRC vide order dated 02.12.2022 stated as under:-

"It is obvious that the PIO, NHRC has no access regarding the action taken by the State Human Rights Commission on the complaint transferred by the NHRC u/s 13(6) of the Protection of Human Rights Act, 1993. The question, as to why the NHRC transferred the case to the State Human Rights Commission, is also within the judicial function of the NHRC, and the PIO or the First Appellate Authority cannot comment upon the directions passed by the Hon'ble NHRC."

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

A written submission has been received from the Appellant vide letter dated 16.02.2024 which has been taken on record.

Facts emerging during the hearing Appellant: Present Respondent: Shri Khaleel Ahmed, Consultant (Law) The Appellant stated that the complaint filed by him was still pending before SHRC, Jharkhand and no action was taken.

Shri Khaleel Ahmed reiterated his written submission dated 20.02.2024 wherein it was stated that "....disposal/ transfer of a complaint to SHRC falls within the ambit of the Commission which is adjudicating authority. Neither any information to respond to the questions is held on the records of the Commission nor it is under the purview of the CPIO/ FAA to furnish any clarification/ justification or comments in the matter.

However, the Commission's proceedings transferring the complaint to SHRC are self explanatory and the Appellant was already informed of the proceedings. It is categorically mentioned in the proceedings that "grievance raised in the complaint, relates to a matter, which is subject of the State." Decision:

Keeping in view the facts of the case and the submissions made by both the parties, the Commission is of the view that an appropriate response as per the provisions of the RTI Act, 2005 has been provided by the Respondent. Hence, no further intervention of the Commission is required in the instant matter.

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With the above observation, the instant Second Appeal stands disposed off accordingly.

Heeralal Samariya (हीरालाल सामरिया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अभिप्रमाणित सत्यापित प्रति) S. K. Chitkara (एस. के . चिटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 3 of 3

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