Central Information Commission
Shri Mani Ram Sharma vs Central Bureau Of Investigation (Cbi) on 22 May, 2009
CENTRAL INFORMATION COMMISSION
Adjunct to Complaint No.CIC/WB/C/2007/00668 dated 13.12.2007
Right to Information Act 2005 - Section 18
Complainant - Shri Mani Ram Sharma
Respondent - Central Bureau of Investigation (CBI)
ORDER
By our Decision of 30.4.09, we had directed as follows:
"The SP, Bank Shares & Fraud Cell, CPIO, Central Bureau of Investigation, Chanakyapuri, New Delhi is further directed to show cause as to why a penalty @ Rs. 250/- per day from the date when the information fell due i.e. 22.7.2007 is actually supplied, not exceeding Rs. 25,000/- should not be imposed on him/ her under sub-section (1) of Sec Section 20 of the RTI Act. The CPIO will submit his/her written submission to Shri PKP Shreyaskar Jt Registrar Central Information Commission on or before 10-05- 2009."
Accordingly, CPIO Shri Mahipal Yadav of Office of Superintendent of Police, CBI, BS&FC New Delhi has submitted detailed comments on the complaint. As per his report the process followed in this case was as follows:
"D. Shri Mani Ram Sharma submitted an application dated 22.6.2007 under RTI Act which was received by CPIO on 29.6.2007, seeking information about action taken on his email dated 12.6.2007 and letter dated 17.6.2007 sent to [email protected] Annexure- D. E. Vide this office letter No. 4019 dated 24.7.2007, enclosed as Annexure-E, CPIO furnished information to the applicant Shri Mani Ram Sharma stating that his complaint has been obtained through email in Hindi and the same is under scrutiny. Action taken on the complaint will be intimated in due course of time.
F. Complaints (6 in numbers) all dated 12.6.2007 of Shri Mani Ram Sharma (Annexure-F) were examined by appropriate authority and it was decided to forward the complaints to CVO, Vigilance Department, State Bank of Bikaner & Jaipur, 1 HO, Tilak Marg, Jaipur for taking further necessary action at their end as the contents of the complaints were revealed to be beyond the purview of CBI. Hence, all the complaints were forwarded to the CVO and Shri Mani Ram Sharma was intimated about action taken on his complaints vide this office letter No. 4818 dated 18.9.2007 (Annexure-G)."
From the above, it is clear that the application under the RTI Act sought information on the action taken on a complaint of 12.6.2007. The RTI application has been responded to on 24.7.07 and since it was received on 29.6.07, the response is on time. However, we also find that the complaint of 12.6.07 of appellant Shri Mani Ram Sharma, which was not an application under the RTI Act, has also been acted upon subsequently and the information on the action taken provided to complainant Shri Mani Ram Sharma. There is, therefore, no violation of sub sec. (1) of Sec. 7 of the RTI Act and there will, therefore, cause of action by6 this Commission. There will therefore be no penalty. This complaint is now closed.
Announced. Notice of this decision be given free of cost to the parties.
(Wajahat Habibullah) Chief Information Commissioner 22.5.2009 Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges, prescribed under the Act, to the CPIO of this Commission.
(Pankaj Shreyaskar) Joint Registrar 22.5.2009 2