Central Information Commission
Shri Hari Mohan Rastogi vs Supreme Court Of India, New Delhi & High ... on 31 December, 2009
CENTRAL INFORMATION COMMISSION
Complaint No CIC/WB/C/2008/00697 dated: 03.06.'08
Right to Information Act 2005-Section 18(1) (e)
Complainant: Shri Hari Mohan Rastogi
Respondent: Supreme Court of India, New Delhi;
High Court of Allahabad, Allahabad.
Decision Announced 31.12.'09
Facts:-
The Commission has received a complaint from Shri Hari Mohan Rastogi of Badaun, Uttar Pradesh against the Central Public Information Officer, Supreme Court of India and Public Information Officer, High Court of Allahabad alleging that his requests under RTI Act, 2005 submitted to them on 04.05.2007 and 13.08.2007 respectively have, although responded to, not provided the desired information, even though they were submitted along with the requisite fee. In response to the application seeking information regarding statutory right of Supreme Court of India of passing orders on certain cases and seeking legal opinion for complying orders passed by the Court, the CPIO, Shri Ashok Kumar, Addl. Registrar (Admn.), Supreme Court of India had informed the complainant that with regard to the information sought by him, "it is beyond the scope of the duties of the Central Public Information Officer, to interpret, opine on judgments of the Supreme Court or of any other Court and advise on matters". On the other hand in response to the request seeking information regarding revision petition submitted by the complainant to the High Court of Allahabad on 11.02.2003, PIO Shri Diwakar Mishra, Registrar, High Court of Allahabad, denied the information under the provision of Allahabad High Court (Right to Information) Rules 2006 by saying that the matter regarding which information had been sought was subjudice.
Admitting the complaint of Shri Rastogi u/s 18(1(e) of the RTI Act, 2005 the Commission served notice on CPIO, Supreme Court of India, New Delhi, on 22.09.2009 for furnishing comments on complaint. The CPIO, Shri Raj Pal Arora, Supreme Court of India submitted his comments on 22.10.2009 endorsing a copy 1 also to complainant Shri Hari Mohan Rastogi. The CPIO has informed the Commission that not only the application dated 04.05.2007 of the complainant but also the application dated 04.01.2008 which was forwarded by Shri Pankaj K. P. Shreyaskar Deputy Secretary & Jt. Registrar, Central Information Commission have been responded to and desired information has been supplied. He has reiterated that the application dated 13.08.2007 submitted to CPIO, High Court of Allahabad and response dated 30.08.2007 of the CPIO thereon is beyond the jurisdiction and scope of duties of the CPIO, Supreme Court of India. The CPIO has enclosed the copies of all the correspondences that took place between the court and the complainant on time to time.
Decision It is quite clear from the facts available in the record that the CPIO has responded to the complainant well within the mandated time and information has been supplied as permissible under the law. In the present case information has been denied by the CPIO High Court of Allahabad. Nevertheless, the response received from the CPIO was not satisfactory the complainant was at liberty to have availed of a 1st appeal u/s 19(1) of RTI Act, which has not been done in either case. Because complainant Shri Hari Mohan Rastogi has pleaded no ground for making a direct complaint before us, or apprehension of malafide from the public authority, he is hereby advised to approach the First Appellate Authority, Supreme Court of India and High Court of Allahabad in each case and consequently, if not satisfied with the information provided on his 1st appeal, complainant Shri Rastogi will be free to move a 2nd appeal before us as per Sec 19 (3). The present complaint is disposed of accordingly.
Announced this thirty first day of December 2009 Notice of this decision be given free of cost to the parties.
(Wajahat Habibullah) Chief Information Commissioner) 31.12.2009 2 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.
(PK Shreyaskar) Jt. Registrar 31.12.2009 3