Central Information Commission
Ajit Kumar Singh vs Ministry Of Finance on 6 May, 2020
Author: Vanaja N Sarna
Bench: Vanaja N Sarna
केंद्रीय सच
ु ना आयोग
CENTRAL INFORMATION COMMISSION
बाबा गंगनाथ मागग
Baba Gangnath Marg
मनु नरका, नई ददल्ऱी - 110067
Munirka, New Delhi-110067
Decision no.: CIC/MOFIN/A/2018/101147/03361
File no.: CIC/MOFIN/A/2018/101147
In the matter of:
Ajit Kumar Singh
... Appellant
VS
1. Central Public information Officer
Ministry of Statistic & Programme Implementation
West Block-8, Wing No-6,
R.K. Puram, New Delhi - 110066
2. Central Public information Officer
Ministry of Statistic & Programme Implementation
Sardar Patel Bhawan,
Parliament Street, New Delhi- 110001
...Respondents
RTI application filed on : 04/08/2017 CPIO replied on : Not on record First appeal filed on : 21/10/2017
First Appellate Authority order : Not on record Second Appeal dated : 28/12/2017 Date of Hearing : 16/08/2019, 04/05/2020 Date of Decision : 12/09/2019, 04/05/2020 INTERIM ORDER:
"1. The issues under consideration arising out of the second appeal dated 28.12.2017 include non-receipt of the following information raised by the appellant through his RTI application dated 04.08.2017 and first appeal dated 21.10.2017:-
1सभी स ांसदों को प्रतिवर्ष ऺेत्र के ववक स हे िु सांसद तिधि दे ज िी है , उक्ि र शि ककस ककस मद में दी ज िी है , से सम्बांधिि ववभ गीय तिदे ि व ् ि सि दे ि व ् तियम वऱी भी दी ज ये|
2. Succinctly facts of the case are that the appellant filed an application dated 04.08.2017 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Ministry of Finance, New Delhi, seeking aforesaid information. The CPIO did not reply to the RTI application.
Dissatisfied with the non-response of the CPIO, the appellant filed first appeal dated 21.10.2017. The First Appellate Authority did not pass any order. Aggrieved by this, the appellant has filed a second appeal dated 28.12.2017 before this Commission which is under consideration.
3. The appellant has filed the instant appeal dated 28.12.2017 inter alia on the grounds that no information was provided till date. The appellant has requested the Commission to direct the CPIO to provide the information immediately and take necessary action as per sub-sections (1) of section 20 of the RTI Act.
4. The CPIO and the FAA did not reply to the RTI application as well as the first appeal.
5. The appellant attended the hearing through video conference and the respondent remained absent despite notice.
6. The Commission after adverting to the facts and circumstances of the case, and perusal of records, notes that the RTI application was filed before the CPIO, Ministry of Finance, New Delhi. However, perusal of the RTI application reveals that matter pertains to the Ministry of Statistics & Programme Implementation and this Ministry is being dealt by another bench of this Commission. Therefore, the Registry of this Bench is directed to transfer this case to the concerned registry for proper disposal.
Copy of the decision be provided free of cost to the parties.
Sd/-
Suresh Chandra Information Commissioner "
2Date of Hearing : 04.05.2020 The following were present:
Appellant: Present over phone Respondent: Shri Sive Balak Verma, Deputy Director and CPIO, present over phone Information Sought:
The Appellant has sought information with regard to the Members of Parliament Local Area Development Scheme (MPLADS). Details about Account head under which the amount is allocated under the Scheme and Rules and directions issued by the Government in this regard.
Grounds for Second Appeal The CPIO did not provide any information to the appellant.
Submissions made by Appellant and Respondent during Hearing:
The appellant submitted that he had not received any reply from the respondent.
The CPIO submitted that the RTI application was transferred by the Ministry of Finance on 30.08.2017 u/s 6(3) of the RTI Act and was received in their Division on 07.09.2017. He further submitted that an apt reply was provided to the appellant on 18.09.2017. A copy of the same was sent by him through e-mail to the Commission for record.
The appellant submitted that he had not received the copy of the reply dated 18.09.2017 and therefore, he was not aware of the same and had filed a first appeal also to the Ministry of Finance.
Observations:
Based on a perusal of the record, it was noted that the coordinate bench of this Commission had transferred the present case to this bench for disposal of the matter. Based on the submission of the CPIO, Ministry of Statistics it was found that the RTI application was received by the Ministry of Statistics from the Ministry of Finance u/s 6(3) of the RTI Act. In view of non receipt of the reply dated 18.09.2017 by the appellant, the Commission finds that the same can be resent by the CPIO through e-mail. In so far as the content of the reply dated 18.09.2017 is concerned, the same was given as per the availability of 3 records. It is pertinent to mention here that the address mentioned in the reply is correct, however in the absence of despatch details it is not possible to verify the despatch of the said reply. Moreover, as there was no first appeal received in the Ministry of Statistics, the CPIO was under the impression that the reply was received by the appellant. In view of the same, an advisory is issued to the CPIO, Ministry of Finance to keep note of the fact that in future, RTI correspondence including Sec 6(3) transfer should always be endorsed to the applicant also.
Decision:
In view of the above, the CPIO sent a copy of the reply dated 18.09.2017 via e- mail to the appellant on 04.05.2020, endorsing a copy to the Commission. The reply dated 18.09.2017 is considered proper and hence no further action is required in the present case.
The CPIO shall send a copy of this order to the CPIO, Ministry of Finance for information and necessary action in future.
The appeal is disposed of accordingly.
Vanaja N. Sarna (वनजा एन. सरना) Information Commissioner (सच ू ना आयक् ु त) Authenticated true copy (अशभप्रम णिि सत्य विि प्रति) A.K. Assija (ऐ.के. असीज ) Dy. Registrar (उप-पंजीयक) 011- 26182594 / दिन ंक / Date 4