Central Information Commission
Mr. Harish Kumar vs Parliment Of India on 6 March, 2014
Central Information Commission
Room No. 306, 2nd Floor, 'B' Wing, August Kranti Bhavan,
Bhikaji Cama Place, New Delhi110066
Web: www.cic.gov.in
Case No. CIC/SM/A/2013/000546/SS
Dated: 06.03.2014.
Name of Appellant : Shri Harish Kumar
Name of Respondent : Lok Sabha Secretariat
Date of Hearing : 05.03.2014
INTERIM ORDER
Shri Harish Kumar, hereinafter called the appellant, has filed the present appeal dated 18.3.2013 before the Commission against the respondent Lok Sabha Secretariat, New Delhi for not providing satisfactory information in response to Query No. 7 and 10 of his RTI application dated 9.9.2012. The appellant was present. The respondent were represented by Shri Kushal Sarkar, CAPIO, Shri Arun Kumar, Under Secretary, Shri Arun Kandpal, Sr. Executive Assistant and K. Sona, Under Secretary.
2. The appellant through his RTI application dated 9.9.2012 sought information on the eleven queries. On query No. 7 and 10 the appellant sought information as follows: "(7) Is the Parliament of India installed the statue without approval of Delhi Urban Art Commission Act after 1973. If yes, please provide the certified copy of office order/circular which supersede/amendment the Act Delhi Urban Art Commission for installation of statues in Parliament of India; (10) How many statue/portraits have been installed in the Parliament of India and outside of Parliament of India after the decision of the CIC in case No,. CIC/WB/A/2009/000460. Please provide the detail with Civic Agency Name, 2 Case No. CIC/SM/A/2013/000546/SS name of the Statue, Date of proposal submitted in DUAC, Place of statue, name of the donor of statue with society name". The CPIO , Lok Sabha Sectt vide letter No. I(1148)/IC/12 dated 10.10.2012 replied to the appellant to the query at Point No. 7 "Approval of DUAC was not taken for installation of statues of National Leaders in Parliament House Complex. Rule 124 of the "Direction by the Speaker of Lok Sabha" gives the jurisdiction of Hon'ble Speaker, Lok Sabha about the Parliament House Estate. The CPIO also transferred this query to DUAC. In response to Query No. 10 the CPIO informed the appellant that only one portrait has been installed in Parliament House Complex after the decision of the CIC. The CPIO, Delhi Urban Art Commission (DUAC), New Delhi vide letter No. 47(42)/2012-DUAC dated22.11.2012 informed the appellant in reply to Query No. 7 as follows: "The proposal for installation of statues are to be got approved from the Commission in terms of Section 11 of the DUAC Act, 1973."
3. Not satisfied with the reply of the CPIO, the appellant filed first appeal on 6.11.2012 before the FAA, Lok Sabha Secretariat. The FAA vide his order No. I(1148)/IC/12 dated 17.12.2012 recorded that on being directed, the CPIO has further given point-wise clarification on the issues raised by the appellant in his appeal. The FAA directed the CPIO to communicate the replies given by the branches concerned while forwarding a copy of the order to the appellant, which would constitute part of the order.
4. Having considered the submissions of the parties, the Commission is of the view that reply provided by Lok Sabha and DUAC on Point No. 7 of the RTI application are contradictory. The CPIO, Lok Sabha Secretariat has informed the appellant that Approval of DUAC was not required to be taken for installation of statues of National Leaders in Parliament House Complex and that Rule 124 of the "Direction by the Speaker of Lok Sabha" gives the jurisdiction of Hon'ble Speaker, Lok Sabha about the Parliament House Estate. On the other hand the CPIO, DUAC has stated in his reply that the proposal for installation of statues are to be got approved from the Commission in terms of Section 11 of the DUAC 3 Case No. CIC/SM/A/2013/000546/SS Act, 1973. In this regard the Commission would like to hear both the respondent from DUAC and the Lok Sabha Secretariat. The matter is listed for hearing on 11.04.2014 at 1500 hrs. All concerned are directed to attend the hearing.
5. The CPIO, Lok Sabha Secretariat is also directed to provide complete information to the appellant in reply to Point No. 10 of the RTI application within two weeks of receipt of this order.
(Sushma Singh) Chief Information Commissioner Authenticated true copy:
(K.K. Sharma) OSD & Deputy Registrar Address of the parties:
Shri Harish Kumar, 628/3, Shivaji Road, Pul Mithai, Delhi-110006.
The Under Secretary/CPIO, Lok Sabha Secretariat, Parliament House Annexe, New Delhi-110001.
The Joint Secretary/FAA, Lok Sabha Secretariat, Parliament House, New Delhi-110001.
The CPIO, Delhi Urban Art Commission, India Habitat Centre, Core 6-A, Lodi Road, New Delhi-110003.4 Case No. CIC/SM/A/2013/000546/SS