Central Information Commission
Shri R. K. Agarwal vs Central Information Commission (Cic) on 6 April, 2009
CENTRAL INFORMATION COMMISSION
Appeal No.CIC/WB/A/2007/00824 dated 23.5.2008
Right to Information Act 2005 - Section 19
Appellant - Shri R. K. Agarwal
Respondent - Central Information Commission (CIC)
Facts:
By an application of 10.1.08 Shri R. K. Agarwal of Mangal Pandey Nagar, Meerut, applied to the CPIO, Central Information Commission, seeking the following information:
"The undersigned applicant has sent a representation / protest / appeal dt. 26.12.07 by registered post to C.I.C. for personal urgent attention of Shri Wajahat Habibullah which is duly received by his office on 31.12.2008. A copy is, however, being enclosed herewith for ready reference & perusal. Matter was required prompt attention of CIC. Please provide the following information:
1. True copy of noting / order of CIC on my aforesaid representation.
2. True copy of Pointwise action taken on my aforesaid representation.
3. My aforesaid representation has been forwarded to PMO or not? If not inform the reasons thereof.
4. Madam P. Balasubramanian, I.C. against whom my aforesaid representation pertain has been restrained by Chief I.C. Sh. W. Habibullah for passing / releasing any order in File No. CIC/PB/A/2007/0881 & 920 or not. If not, please advise the reasons thereof.
5. Has a deep probe been ordered into the conduct of Madam P.B. or not?
To this he received a response dated 6.2.08 from CPIO Shri G. Subramanian, U.S. & Asstt. Registrar, CIC, as follows:
"1. Copy of the Order of the CIC is enclosed.
2. You can inspect the file for yourself at a mutually convenience date & time.
3 to 5 No such information is available. However, you can inspect the file CIC/PB/A/2007/0881 & 920 and seek photocopies of documents you require after making payment as prescribed in the RTI Act."1
Not satisfied, appellant Shri Agarwal moved his first appeal before Shri L.C. Singhi, First Appellate Authority asking for "correct and complete information on all points". In his order of 25.3.08 Shri L.C. Singhi, First Appellate Authority, directed as follows:
"The CPIO is accordingly directed to provide a copy of the note sheet containing orders / observations of the Chief Information Commissioner in respect of the aforesaid representation submitted by the appellant within 7 days from the date of receipt of the decision."
In compliance with this order, Shri G. Subramanian through a letter dated 1.4.08 wrote to Shri Agarwal, as follows:
"This has reference to your first appeal and decision of the First Appellate Authority in hand today i.e. April 1, 2008. As per the directions of the Commission, I am enclosing herewith a copy of the note sheet on the representation dated 26.12.07. I am also enclosing herewith a copy of the letter dated April 1, 2008 sent to you with reference to your complaint dated 26.12.07."
Appellant's prayer before us in second appeal is as below:
"1. It is therefore, prayed that the information on the aforesaid point and as brought in the application dt. 10.1.08 kindly be provided by Chief I.C.
2. I may kindly be given an opportunity of personal hearing by Chief I.C. of C.I.C."
The appeal was heard on 6.4.2009 through video conferencing. Only Shri G.Subramanian, CPIO, CIC is present. Although arrangements had been made for hearing through video conferencing with NIC Meerut, appellant Shri Agarwal has opted not to be present. He was contacted over the phone at 0121-2763273. His wife informed the Court that he is not available and also that he cannot be contacted on any mobile Number.
DECISION NOTICE The information sought by appellant in his application of 10.1.08 inasmuch as it is held by this Commission has been provided. Shri Agarwal now seeks to 2 ask reasons for action having been taken or not having been taken on certain points. This is not information on which any record is held by this Commission. Obviously if no action has been taken, there would not be copies of records that could be provided to an applicant. The appeal being without substance is, therefore, dismissed.
Announced in the hearing. Notice of this decision be given free of cost to the parties.
(Wajahat Habibullah) Chief Information Commissioner 6.4.2009 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 6.4.2009 3