Central Information Commission
A. Y. Mudnal (Ali Patel) vs Cabinet Secretariat on 12 February, 2024
Author: Heeralal Samariya
Bench: Heeralal Samariya
के न्द्रीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमागग, मुननरका
Baba Gangnath Marg, Munirka
नईदिल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/CABST/A/2022/153960
Shri A. Y. Mudnal (Ali Patel) ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, Cabinet Secretariat ...प्रनतवािीगण /Respondent
Date of Hearing : 12.02.2024
Date of Decision : 12.02.2024
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 22.04.2022
PIO replied on : - -
First Appeal filed on : 15.05.2022
First Appellate Order on : - -
2 Appeal/complaint received on
nd : 20.06.2022
Information soughtand background of the case:
The Appellant filed an RTI application dated 22.04.2022 seeking information about a letter forwarded to Secretary Lok Sabha Parliament House Government of India. In this regard, he sought the following information:-
".............it is humble request before Cabinet Secretariat authorities to issue the show cause notice and penalty notice for gross determinate suffered by appellant through Lok Sabha Secretariat Parliament concerned officers. Why the officers refused to take up the letter, what was the reason to return the letter to appellant without opening the letter. Herein the original RTI application with IPO number 55F-718379 dated : 11-04-2022 is annexed next to the letter to forward the direction to accept the application and provide the requested information, Xerox copy of post packet and Consignment tracking were it is clearly mentioned the office refused to take letter and returned the consignment. Thereof proceed for strict action for this behaviour and forward direction for not to repeat the act against government policy. Hence issue the show cause notice, penalty notice and forward the RTI application for providing information under specified time of RTI Act, 2005 under the intimation of appellant."
Dissatisfied with the non-receipt of information received from the CPIO, the Appellant filed a First Appeal dated 15.05.2022 which was not adjudicated by FAA.
Page 1 of 3Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
A written submission has been received from CPIO vide letter dated 05.02.2024 which reveals that the RTI application dated 11.04.2022 had not been received by the Respondent. The relevant part of the submission is as under:
This Secretariat has not received the said RTI Application dated 11.04.2022 (IPO No. 55F-718379) of Sh. A. Y. Mudnal. A letter dated 08.08.2022 (with 6 enclosures) addressed to the Cabinet Secretary was received in this Secretariat, wherein the appellant had requested to provide information in respect of six cases (Annexure-B). Except for one RTI Application mentioned in his letter at S. No. 3 (IPO No. 55F- 718378), all other applications/ appeals pertained to other organizations - viz. 1. CVC,
2. Lok Sabha Sectt., 4. CIC, 5. Lok Sabha Sectt. and 6. CBSE. The applicant was accordingly informed that one of his RTI Appeals pertaining to this Secretariat (in respect of application dated 11.04.2022, IPO NO. 55F- 718378 (Annexure-C) is being processed in this Secretariat. In respect of the other applications pertaining to other authorities, he was requested to prefer First Appeal before the appropriate First Appellate Authority where the RTI applications were made. Letter dated 06.09.2022 (Annexure-D) may be referred to.
The instant notice of CIC has been issued in respect of the appellant's letter dated 22.04.2022, IPO Number 55F-718379 (Annexure-E) wherein he had complained about the alleged refusal of receiving letter by the Lok Sabha Secretariat. Subsequent communication dated 15.05.2022 (Annexure-F) has been taken by the CIC as a First Appeal. It may kindly be noted that these communications were received in this Secretariat as an enclosure to the appellant's aforementioned letter dated 08.08.2022 (Annexure B), which was appropriately responded vide letter dated 06.09.2022 (Annexure-D).
As regards the appellant's RTI application and appeal mentioned at S. No. 3 in his letter dated 08.08.2022 (Annexure-D), which were processed in this Secretariat, it is submitted that the same is also being heard by the CIC in Case No. CIC/CABST/A/2022/153963, with the instant case on 12.02.2024 at 12.35 PM.
While submitting the above facts, it may be submitted that the appellant, Sh. Mudnal is a habitual applicant/ appellant. Many a times, he prefers such incoherent First Appeals/ Complaints in respect of other authorities before this Secretariat. During the year 2021-2022, 14 such First Appeals/Complaint pertaining to other authorities (copies at Annexure G) were received in this Secretariat.
Hearing was scheduled after giving prior notice to both the parties. Appellant: Heard through video conference Page 2 of 3 Respondent: Shri Samir Kumar - Under Secretary was present during the hearing.
The Appellant contended that he was not satisfied with the information furnished by the Respondent because it was a delayed response which did not contain the complete and correct information. The Respondent placed reliance on the written submission dated 05.02.2024 reiterating the contents thereof.
Decision:
Upon perusal of records of the case and hearing averments of the parties, the Commission is of the considered opinion that information available on record with the public authority as defined under Section 2(f) of the RTI Act has been duly provided to the Appellant.
Since the Respondent has filed a detailed written submission dated 05.02.2024 which is comprehensive and self explanatory, the Respondent is directed to shall send a copy of the aforementioned written submission dated 05.02.2024 to the Appellant, within one week of receipt of this order. The Respondent shall submit a compliance report before the Commission in this regard within one week thereafter. No further action is warranted in this case.
The appeal is disposed off on the above terms.
Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अनिप्रमानणत सत्यानपत प्रनत) S. K. Chitkara (एस. के . नचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 3 of 3