Central Information Commission
Aprajita vs Bar Council Of India on 22 October, 2024
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/BCOIN/A/2023/128117.
Smt. Aprajita. ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, ...प्रनतवािीगण /Respondent
Bar Council of India.
Date of Hearing : 18.10.2024
Date of Decision : 18.10.2024
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 14.03.2023
PIO replied on : 18.04.2023
First Appeal filed on : 14.04.2023
First Appellate Order on : NA
2ndAppeal/complaint received on : 05.07.2023
Information soughtand background of the case:
The Appellant filed an RTI application dated 14.03.2023 seeking information on following points:-
"I want to seek information/supply of Documents unider The RTI Act, 2005 regarding one Advocate namely PRAWIR CHANDRA, Enrolled with Bar council of Delhi vide Enrollment No. D/3105/2019 us his real/original name mentioned in Bihar School Examination Board, Patna Certificate is PRAVEER CHANDRA S/D NAND KISHORE SINGH instead of PRAWIR CHANDRA as mentioned in enrollment certificate issued by Bar council of Delhi. The information seeker/applicant being the sister of the above named Advocate, knows that he has not completed his Graduation and has furnished/submitted forged documents to get Law certificate BA LLBJ from the concerned university and the law degree by producing forged certificate by changing his name from PRAVEER to PRAWIR and also got enrolled in Bar Council of Delhi. Hence, the Information Seeker seeks following information and Documents under The Right to Information Act, 2005 from Bar Council Of India:- 1 Kindly inform the applicant whether in all the documents submitted by Prawir Chandra, Enrollment no. D/3105/2019 is in the name of PRAVEER CHANORA or PRAWIR CHANDRA. 2. To get the enrollment in the Bar Council of Delhi, what document he has submitted in support of his Educational Qualification. 3. From which university he has obtained BA Degree and LLB Degree Certificate. 4. Kindly Supply me the Page 1 of 3 following documents with regard to educational qualification of PRAWIR CHANDRA, Enrollment no D/3105/2019 enrolled with Bar Council of Delhi il Copy of 10th/Matriculation Certificate in support of his Age Proof Copy of Markshept/Certificate of Graduation Degive ii) Copy of Marisheet/Certificate of LLB Degree iv Copy of Form for getting enrolled with Bar Council of Delhi Keidly supply the above said information and documents as soon as possible to the applicant information seeker under The Right to information Act 2005"
The CPIO, BCI vide letter dated 18.04.2023 replied as under:-
"Reply: Your online RTI application has been forwarded through email) to CPIO, Bar Council of Delhi under Section (3) of the RTI Act as the matter is related to State Bar Council."
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 14.04.2023.
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Written submission dated 14.10.2024 has been received from the CPIO, BCD and same has been taken on record for perusal. Written submission dated 17.10.2024 has been received from the CPIO, BCI and same has been taken on record for perusal.
Facts emerging in Course of Hearing:
Appellant: Not present Respondent: Mr. Vinod Sharma PIO, BCD, Mr. T. Singhdev, Advocate, Mr. Tanishq Srivastav and Mr. Ashok Kumar Pandey, Jt. Secretary, BCI.
The Respondent reiterated the averments made in their written submission and stated that the instant RTI Application was not received in the office of Bar Council of Delhi and same has been received along with the hearing notice of instant Second Appeal. He averred that as per records maintained by Bar Council of Delhi Mr. Rajvir Singh son of Mr. Prawir Chandra has been enrolled as an Advocate vide enrolment No. D/3105/2019 on 17.07.2019. He stated that it is apparent that neither Mr. Prawir Chandra nor Mr. Praveer Chandra has been enrolled as an Advocate vide enrolment No. D/3105/2019. Furthermore, since neither Mr. Prawir Chandra nor Mr. Praveer Chandra, has been enrolled as an Advocate vide enrolment No. D/3105/2019, there is no question of any further information/documents/Degree / Certificate of the said individual being in the possession of the Bar Council of Delhi. He stated that the appellant has not sought any information/documents/Degree / Certificate in respect of Mr. Rajvir Singh son of Mr. Prawir Chandra who has been enrolled as an Advocate vide enrolment No. D/3105/2019 on 17.07.2019, which in any event cannot not be provided / supplied as these details pertain to the personal information of Page 2 of 3 Mr. Rajvir Singh and that the same has no relationship to any public activity or interest, that the same is specifically exempted under Section 8(1)(j) of the RTI act.
Decision:
At the outset, Commission directs the concerned PIO to furnish a copy of their latest written submission along with annexures if any, to the RTI Applicant, free of cost via speed-post and via e-mail, within 07 days from the date of receipt of this order and accordingly, compliance report be sent to the Commission.
Upon perusal of records and submissions made during hearing, it is noted that the Appellant's queries had been appropriately answered by concerned PIO. Furthermore, written submission filed by the Respondent is comprehensive and self-explanatory. Thus, information as permissible under the provisions of the RTI Act has been duly furnished to the Appellant. In the given circumstances, no further intervention of the Commission is warranted in this case under the RTI Act. The appeal is disposed of 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:-
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