Central Information Commission
Shri Shyamlal Yadav vs Cabinet Secretariat, New Delhi, Prime ... on 28 July, 2009
CENTRAL INFORMATION COMMISSION
Complaint No CIC/WB/C/2008/00358 dated: 20.03.'08
Right to Information Act 2005-Section 18(1)(e)
Complainant: Shri Shyamlal Yadav
Respondent: Cabinet Secretariat, New Delhi.
Prime Minister's Office (PMO) Decision Announced on 28.7.'09 The Commission has received a complaint from Shri Shyamlal Yadav of Connaught Place, New Delhi praying as follows:-
"Since I did not get any response, neither from the CPIO, nor from the Appellate, I had approached them again. I sent a third reminder (copy enclosed- I) them with sending copy to CIC as well and wanted to know that what was the stipulated time frame to reply such requests and when they will be able to reply my requests. Response is still awaited."
That request seeking information related to annual details of assets/liabilities of Cabinet/State Ministers submitted to the Prime Minister was originally moved through an application of 06.11.2007 before the CPIO, Prime Minister's Office along with the CPIO, Cabinet Secretariat. In their responses, both the CPIOs of Prime Minister's Officer and Cabinet Secretariat transferred the said application of Shri Yadav u/s Section 6(3) of RTI Act, 2005 to each other on 19.11.2007 and 26.11.2007 respectively. Shri Yadav again placed reminders before both the CPIOs in respect of their response and finally a reply was received from the CPIO, Cabinet Secretariat, Shri Sunil Mishra informing Shri Yadav that the matter was under consideration of the competent authority and the information/reply would be sent in due course. Thereafter three reminders were sent by Shri Yadav to the CPIO, Shri Sunil Mishra endorsing the copies of the same to the appellate authority and Joint Secretary Shri Rajive Kumar of Cabinet Secretariat. Shri Yadav has moved a complaint before us alleging that 1 the CPIO and the Appellate Authority of Cabinet Secretariat neither responded thereafter nor the information was provided.
Because the 1st appellate authority has not addressed the questions of appellant, which are of direct concern to his public authority and because the complainant has pleaded no ground for making a direct complaint to us u/s 18(1)(e), the Commission has decided to remand this complaint to the First Appellate Authority Ms Vini Mahajan JS, Prime Minister's Office, New Delhi to dispose of the complaint of Shri Yadav within ten working days from the date of receipt of this decision, under intimation to Shri Pankaj Shreyaskar, Jt Registrar, Central Information Commission. In doing so, she will make reference to our Decision in appeal Nos. CIC/WB/A/2009/00038 & WB/C/08/868 SC Agrawal vs. PMO announced 16.3.'09 in which we had held as follows:
"It is clear that the information sought, as is recognised bythe Lok Sabha rules quoted above, is held in confidence, thus warranting of reference to third party u/s 11(1) before proceeding with any disclosure.However, because under the Lok Sabha Rules cited above such information is not disclosable except with the permission of the Speaker,the matter will be referred to Shri Somnath Chatterjee, Speaker of the Lok Sabha for disclosure of such information as relates to those Members of the Council of Ministers who are Members of the Lok Sabha. If there is any equivalent Rule with regard to the Rajya Sabha, this may also be exercised, although, we were not told of existence of any such Rules during the hearing. If no such rules in fact exist, the matter will be referred to the third parties concerned as per the process mandated u/.s 11 subsection (1) of the RTI Act 2005.
If not satisfied with the information provided on his 1st appeal, appellant Yadav will be free to move a 2nd appeal before us as per Sec 19 (3).
Announced. Notice of this decision be given free of cost to the parties.
(Wajahat Habibullah) Chief Information Commissioner) 28-07-2009 2 Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges prescribed under the Act to the CPIO of this Commission.
(PK Shreyaskar) Jt. Registrar 28-07-2009 3