Central Information Commission
Pawan Agrawal vs National Service Scheme on 5 May, 2017
CENTRAL INFORMATION COMMISSION
(Room No.315, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi 110 066)
Phone: 011- 26181927 | Fax: 011- 26185088
Prof. M. Sridhar Acharyulu (Madabhushi Sridhar)
Central Information Commissioner
CIC/NSESC/A/2016/307254
Pawan Agrawal v. PIO, National Service Scheme
RTI : 07.06.2016
FAO : Nil
Second Appeal : 01.09.2015
Hearing : 13.04.2017
Appellant : Absent
Public authority : Shri Ashok Kumar, Regional Director, NSS
Decided on : 05.05.2017
FINAL ORDER
FACTS:
1. The appellant sought information about the names, registration number of those students belonging to Roshan Lal Shanthi Devi Academi, Ramganga Vihar, Phase - 2, Moradabad, for the academic year 2011-12 to 2016-17 who have filled the form of National Service Scheme, the certified copies of their registration form, details pertaining to the fee paid under National Service Scheme and the photocopies of the fee paid receipts. Since there was no reply for his RTI application and first appeal, the appellant approached this Commission through second appeal.
Decision :
2. The CPIO stated that point-wise information was provided to the appellant when the Hon'ble Commission vide file no. CIC/MOYAS/A/2016/307736/KY decided on 21.11.2016 directed and remanded back the matter to FAA to dispose the appellant's first appeal in accordance with the provisions of RTI Act, 2005. The excerpt of the Order is as under:
1. It would be seen here that the appellant, vide his RTI Application dated 07.06.2016, sought information from the respondents on 2 issues. Respondents, vide their responses dated 17.06.2016 & 27.06.2016, allegedly not provided the required information to the appellant. Being aggrieved by the aforesaid response, FA was filed by the appellant on 15.07.2016 before the FAA, who could not take up the same for its disposal for the reasons best known to him. Hence, a Second Appeal before this Commission.
2. The Commission posed a query to Shri Vinod Kumar, Director, as to whether first appeal dated 15.07.2016 filed by the appellant under section 19(1) of the RTI Act 2005 before the Learned FAA was disposed of or still pending. On this very aspect, it is admitted by Shri Vinod Kumar, Director, that First Appeal filed by the appellant could not be disposed of by the learned FAA. However, he could not explain the reasons for non disposal of the First Appeal dated 15.07.2016.
3. The Commissioner heard the submissions made by respondents at length. The Commission also perused the case-file thoroughly; specifically, nature of issues raised by the appellant in his RTI application dated 07.06.2016, respondent's responses dated 17.06.2016 & 27.06.2016, other material made available on record and also the grounds of memorandum of second appeal.
4. By virtue of position above and in the circumstances of the case, the Commission is of the considered view that it is a fit case to be remanded back to learned FAA with a direction to dispose of the Appellant's FA filed on 15.07.2016, in accordance with the provisions of RTI Act 2005, and after giving an opportunity to the appellant of being heard, within 30 days from the date of receipt of this order under intimation to the Commission. As such, the case is remanded back.
5. The appellant is further granted a liberty to move a second appeal, under section 19(3) of the RTI Act 2005, before this Commission, in case, he is not satisfied with the decision of the FAA on the FA.
3. The Commission after hearing the submissions made and going through the records finds that sufficient information has been furnished, hence, the appeal is disposed of.
Sd/-
(M. Sridhar Acharyulu) Central Information Commissioner Authenticated true copy (Dinesh Kumar) Deputy Registrar Copy of decision given to the parties free of cost.
Addresses of the parties:
1. The CPIO under RTI, National Service Scheme, Regional Directorate of NSS, Kendriya Bhawan, 8th Floor, Sec-H, Aliganj, Lucknow-226024.
2. Shri Pawan Agrawal, Near Jilal Street, Mandi Chowk, Moradabad, Uttar Pradesh.