Central Information Commission
Mr.Subhash Chandra Agrawal vs Ministry Of Law And Justice on 19 May, 2011
Central Information Commission
Room No. 305, 2nd Floor, 'B' Wing, August Kranti Bhavan,
Bhikaji Cama Place, New Delhi110066
Web: www.cic.gov.in Tel No: 26167931
Case No. CIC/SS/A/2011/000449
Name of Appellant : Shri Subhash Chandra Agrawal
Name of Respondent : Ministry of Law & Justice,
Department of Legal Affairs.
Date of Hearing : 09.05.2011
ORDER
Shri Subhash Chandra Agrawal, the appellant has filed this appeal dated 31.1.2011 before the Commission against the Ministry of Law & Justice, Department of Legal Affairs, New Delhi, for not providing information to RTI-queries No. 6 and 7 to his RTI-request dated 28.12.2010, which came up for hearing on 09.05.2011. The appellant was present in person, whereas the respondent were represented by Shri Nirmal Singh, CPIO, Shri O.P. Bagri, CAPIO and Shri Jagdish Kumar, SO.
2. The appellant filed RTI-request dated 8.11.2010 seeking information twelve RTI- queries pertaining to a news-clipping 'Seek Legal advice with Ministry nod' (HT 27.12.2010) relating to the 2G spectrum scam - " (6) Name of the law officer having given legal-opinion to Department of Telecommunications/Union Ministry of Communications and/or the then Union Minister for Communications A Raja on 2-G spectrum without seeking approval of Department of Legal Affairs and action taken against the said law-officer violating service rules 1972 by having given legal opinion to Department of Telecommunications/Union Ministry of Communications and/or the then Union Minister of Communications A Raja on 2-G spectrum without seeking approval of Department of Legal Affairs; (7) Is it true that law-officers of Union government are governed by the conditions of service-rules 1972 which debars them from rendering advice independently to government-departments, ministries and public sector undertakings etc. without seeking approval of Department of Legal Affairs/Union Ministry of Law & Justice." The CPIO vide letter No. F.21(1622)/2010-IC dated 11.1.2011 has replied to the appellant on Point No. 6 -O.M. No. 34(1`)/2010-Judl dated 20.12.2010 is not the -2- Case No. CIC/SS/A/2011/000449 outcome of the controversial 2-G Spectrum matter and on Point No. 7 the appellant was advised to ascertain the same from the website of the Department.
3. Aggrieved by the decision of CPIO, the appellant preferred first-appeal on 3.1.2011 before FAA. The FAA vide order No. 23(12)/2011-IC dated 28.1.2011, has upheld the decision of CPIO and dismissed appellant's first-appeal.
4. After hearing the parties and on perusal of the relevant documents on file, the CPIO, is directed to provide information as per record on Point No. 6 and provide copy of law-officers appointment terms and conditions on Point No. 7 free of cost under the provisions of Section 7(6) of the RTI Act, within two weeks of the receipt of this order.
The matter is disposed of with the above direction.
(Sushma Singh) Information Commissioner 19.05.2011 Authenticated true copy:
(K.K. Sharma) OSD & Assistant Registrar Address of the parties:
Shri Subhash Chandra Agrawal, 1775, Kuncha Lattushah, Dariba, Chandni Chowk, Delhi-110006.
The CPIO, Ministry of Law & Justice, Department of Legal Affairs, Shastri Bhavan, New Delhi-110001.
The Appellate Authority, Ministry of Law & Justice, Department of Legal Affairs, Shastri Bhavan, New Delhi-110001.