Central Information Commission
Mr. Jagvesh Kumar Sharma vs Home Department (General), Govt. Of Nct ... on 17 November, 2009
CENTRAL INFORMATION COMMISSION
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Decision No. CIC/SG/A/2009/002435/5563
Appeal No. CIC/SG/A/2009/002435
Relevant Facts emerging from the Appeal:
Appellant : Mr. Jagvesh Kumar Sharma
R/o A 42 & 43, Gali no. 4, Pandav Nagar complex,
Ganesh Nagar, New Delhi - 110092
Respondent : Mr. Mukul Koranga
Public Information Officer Home Department (General), Govt. of NCT of Delhi 5th Level, A-Wing, Delhi Sachivalaya, I.P.Estate, New Delhi - 110002 RTI application filed on : 23/06/2009 PIO replied : 17/07/2009 First appeal filed on : 17/08/2009 First Appellate Authority order : 14/09/2009 Second Appeal received on : 29/09/2009 Date of Notice of Hearing : 13/10/2009 Hearing Held on : 17/11/2009 Sl. Information Sought PIO's Reply
1. How many letter the appellant had written since 2003 Transferred to Under to till now to extend the validity of his armed license to Secretary(Armed) on 06/07/2009. Prime Minister, Secretary, Joint Secretary etc. Copy of action taken on letters.
2. How many letters Home Department of Delhi Transferred to Under Government has received from members of Secretary(Armed) on 06/07/2009. parliaments in respect of preparing wrong guidelines? Copy of action taken on such letters.
3. How many Representations Home Department of Delhi Transferred to Under Government has received from the appellant and Secretary(Armed) on 06/07/2009. members of parliaments? Copy of action taken on such representations.
4. To extend the validity of appellant's armed license if Transferred to Under any order has been passed by the Home Ministry to Secretary(Armed) on 06/07/2009. Home Department? Give copy of such order.
5. If any complaint received from NGOs about wrong Transferred to Under guidelines give copy of action taken on such complaint. Secretary(Armed) on 06/07/2009.
6. Copy of the law by which Home Department of Delhi According to Government of Government can extend validity of Armed License. India's letter dated 11.10.95 Delhi Government have right to extend the validity.
First Appeal:
Incorrect and Misleading information provided. Order of the FAA:
The First Appellate Authority in his order states that the replies given to the Appellant are correct.
Ground of the Second Appeal:
Incorrect and Misleading information provided. FAA has also not provided wrong information. The second appeal is related to query-6 only.
Relevant Facts emerging during Hearing:
The following were present:
Appellant : Mr. Jagvesh Kumar Sharma;
Respondent : Mr. Vineet Kumar on behalf of Mr. Mukul Koranga, PIO & Dy. Secretary(H.G.);
The second appeal is related to query-6 only. The Appellant contends that the information given to him by the PIO is wrong. According to him the powers were granted to State Government and Union Territories by the Circular of 29/03/1990. However these have to be read by keeping the guidelines issued by MHA in 1989. He also state that the 1989 guidelines were superseded by letter no. V-11026/106/94-Arms dated 11/10/1995.
The appellant is raising an issue of interpretation of laws which is not information as defined under Section 2(f) of the RTI Act and this Commission has no jurisdiction over this.
Decision:
The Appeal is disposed.
The information has been provided.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties. Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi Information Commissioner 17 November 2009 (In any correspondence on this decision, mention the complete decision number.)(GJ)