Central Information Commission
Phool Chand vs Ministry Of Social Justice & ... on 14 February, 2019
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
File No : CIC/MOSJE/A/2018/118603/SD
Phool Chand ....अपीलकता/Appellant
VERSUS
बनाम
CPIO,
Ministry of Social Justice and Empowerment
Room No. 635, A Wing,
Shastri Bhawan,
New Delhi - 110001. ... ितवादीगण /Respondent
RTI application filed on : 11/12/2017
CPIO replied on : 11/01/2018
First appeal filed on : 15/02/2018
First Appellate Authority order : 13/03/2018
Second Appeal dated : 17/03/2018
Date of Hearing : 14/02/2019
Date of Decision : 14/02/2019
Information sought:
The Appellant sought information through 7 points regarding action taken by M/o Finance on the demand made for amending GFR 142 & 144 vide letter dated 11.08.2016 in accordance with D.O. letter dated 18.10.2008.
Grounds for the Second Appeal:
The CPIO has not provided the desired information.
Relevant Facts emerging during Hearing:
The following were present:-1
Appellant: Not present (Appellant requested vide letter dated 31.01.2019 to adjourn the hearing due to his unavailability).
Respondent: Hari Om, US & CPIO and Lokesh Kumar Meena, ASO, Ministry of Social Justice and Empowerment, Shastri Bhawan, New Delhi present in person.
CPIO submitted that Appellant has been adequately informed that the letter(s) mentioned in the RTI Application have not been received. He further submitted that even in response to a Parliament question regarding action taken on letters dated 10.03.2016 and 11.08.2016 received by the Govt. from All India Association for SC/ST & Physically Handicapped answered by the Hon'ble Minister of State for Social Justice and Empowerment in the context of amendment in GFR 142 and 144 the following was stated:
"The All India Association for SC/ST and Physically Handicapped has sent a letter dated 10.01.2018 requesting to send a proposal for 22.5% reservation for SC/ST Contractors/Suppliers for government supplies and all kinds of contracts to the Ministry of Finance. In the same letter, they had made a reference to their earlier letter dated 11.08.2016, wherein similar request had been made. The letter dated 11.08.2016 and 10.03.2016 have not been received in the Ministry. However, in response to the letter dated 10.01.2018, a proposal to the Ministry of Finance was sent on 17.01.2018.
In response, the Department of Expenditure, Ministry of Finance stated in its letter dated 13.02.2018 that the Rules 142 & 144 of GFR-2005 have now been revised as Rule 150 and 153 of GFR 2017. Under the Rule 153(iii) of GFR 2017, it is for each nodal Administrative Ministry/Department of the subject matter to take policy decision for Reserved Items and other Purchase/Price Preference Policy and accordingly, the Department of Industrial Policy & Promotion (DIPP) has issued Public Procurement (Preference to make in India) Rule, 2017 under this provision."
Decision Commission has not acceded to the request of the Appellant for adjournment of hearing and is deciding the case on merits. Commission observes upon perusal of facts on record that the information sought in the RTI Application is on extremely vague terms and largely outside the scope of Section 2(f) of RTI Act as Appellant has sought for interpretation of the CPIO. Even further, the letters mentioned in the RTI Application are claimed to have not been received and the factum of non-
2availability has also been stated in the answer to the Parliament question on the subject.
In light of the foregoing, Commission finds no scope of action in the matter.
The appeal is disposed of accordingly.
Divya Prakash Sinha ( द काश िस हा )
Information Commissioner ( सूचना आयु )
Authenticated true copy
(अ भ मा णत स या पत त)
Haro Prasad Sen
Dy. Registrar
011-26106140 / [email protected]
हरो साद सेन, उप-पंजीयक
दनांक / Date
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