Central Information Commission
Sunil Pareek vs Legislative Department on 9 January, 2025
Author: Heeralal Samariya
Bench: Heeralal Samariya
के न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/LEGIS/A/2023/637003
Shri Sunil Pareek ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, Legislative Department ...प्रनतवािीगण /Respondent
Date of Hearing : 07.01.2025
Date of Decision : 07.01.2025
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 07.10.2022
PIO replied on : 21.10.2022
First Appeal filed on : 29.03.2023
First Appellate Order on : 24.04.2023
2ndAppeal/complaint received on : 30.07.2023
Information soughtand background of the case:
The Appellant filed an RTI application dated 07.10.2022 seeking information on the following points:-
"1. Please necessary provide me the Latest Updated Compliance Report of Union of India with regards to Honble SC Orders issued Dated: MARCH 10, 2014, WRIT PETITION (CIVIL) NO. 536 OF 2011 from Points No. 1 to 13: and September 25, 2018 from Points No. 1 to 120: CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) NO. 536 OF 2011 of Public Interest Foundation and Ors. Petitioner (s) Versus Union of India and Anr. Respondent(s) WITH CRIMINAL APPEAL NOS. 1714- 1715 OF 2007 WRIT PETITION (CRIMINAL) NO. 208 OF 2011 AND WRIT PETITION (CIVIL) NO. 800 OF 2015 (The Complete Order is attached with this RTI Application). Please provide certified details.
2. The basic function of Parliament is to make laws. All legislative proposals have to be brought in the form of Bills before Parliament. A Bill is a statute in draft and cannot become law unless it has received the approval of both the Houses of Parliament and the assent of the President of India. Please Provide the Copy of FINAL DRAFT BILL OF ACT prepared by Law Ministry, Government of India and Successfully Passed through Parliament of India as LAW in the Larger Interest of 140 Crores Public of India. Please provide certified details.
3. Please provide me the Latest Current Status for progress of making Bill to Final Law by Government of India and Parliament (Loksabha and Rajyasabha) as on date since September-2018 (Total 03 Years Passed). Please provide certified details.
Page 1 of 34. In accordance to above mentioned Honble SC Order, Please let Public of India including myself knows clearly the strict time line by which such act shall come into force to EFFICIENTLY RESTORE TRUE DEMOCRACY in the larger interest of We the 140 Crores People of India according to Preamble of Constitution of India. Please provide certified details."
The CPIO, Legislative Department vide letter dated 21.10.2022 replied as under:-
"point no. 1 Does not relate this Department.
point no. 2 and 3 Information not available with this Department. Application is transferred to M/o Parliamentary Affairs.
point no. 4 Information does not relate to this Department. However, subordinate legislation in any Act may be notified by the concerned administrative Ministry in the Gazette of India for public access. Hence, information in this regard may be available with the concerned administrative Ministry."
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 29.03.2023. The FAA vide order dated 24.04.2023 held as under:-
3. "That the CPIO, Legislative Department informed the appellant online on 21.10.2022 that with regard to point No. (i) the information does not relate to this Department. Further, with regard to point No. (ii) and (iii) the information is not available in this Department and was transferred to Ministry of Parliamentary Affairs. With regard to point No.(iv) the information does not relate to this Department. However, subordinate legislation in any Act may be notified by the concerned administrative Ministry in the Gazette of India for public access. The appellant, however, has filed the first appeal dated 29.3.2023 stating that the CPIO provided incomplete, misleading or false information.
In this connection, it is stated that the available information has been provided to the appellant and for the rest of the information the RTI application dated 7.10.22 was transferred to the Ministry of Parliamentary Affairs with respect to point No.(ii) and (iii) under section 6(3) of RTI Act, 2005, therefore, the appellant may approach that Ministry for providing the information."
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
Hearing was scheduled after giving prior notice to both the parties.
Appellant: Present through video conference Respondent: Shri P C Meena - Director; Ms. M Padmalatha - SO/CAPIO were present during hearing.
Both parties reiterated their respective contentions based on the facts narrated hereinabove. The Appellant was dissatisfied with the fact that desired information had not been received from the Ministry of Parliamentary Affairs. Respondent present during hearing reiterated that queries raised by the Appellant did not elicit information as defined under Section 2(f) of the RTI Act, since the information in question was not held by them. Hence he had been repeatedly Page 2 of 3 apprised of the fact and had been advised to approach the appropriate public authority which is the actual custodian of information, viz the Ministry of Parliamentary Affairs.
Decision:
Perusal of records of the case and averments of the Respondent present for hearing, indicate that information as available on record with the public authority as defined under Section 2(f) of the RTI Act, has been duly furnished by the Respondent public authority to the Appellant, in response to his queries, in terms of the provisions of the RTI Act. In the given circumstances, no further intervention is warranted in this case, under the RTI Act.
The appeal is disposed off accordingly.
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 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
Nil Powered by TCPDF (www.tcpdf.org) Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
Nil Powered by TCPDF (www.tcpdf.org)