Central Information Commission
Mr.Devendar Singh vs Department Of Telecommunications on 14 February, 2014
CENTRAL INFORMATION COMMISSION
Club Building, Opposite Ber Sarai Market,
Old JNU Campus, New Delhi - 110067.
Tel: +91-11-26101592
File No. CIC/LS/C/2011/000331/BS/4577
February 14, 2014
Complainant : Sh. Devender Singh,
N.G.O. Quarter No. 4,
Police Line, Karnal , Haryana
Public Information Officer : CPIO & Sr. Postmaster
Department of Telecom Posts
O/o Deputy Director General, TERM Cell
Haryana
Facts arising from the Complaint:
The Commission has received a complaint on 27/07/2010 from Sh. Devender Singh u/s 18 of the RTI Act 2005, against the CPIO for deemed refusal of his RTI request dated 28/04/2010.
2. On perusal of the documents submitted by the Complainant, it is observed that the CPIO by communication dated 29.04.2010 has returned the IPO while retaining the RTI application, reasoning that the IPO was not correctly addressed. The CPIO had further informed the Complainant to resend the IPO correctly addressed in favor of 'CAO, O/o CCA, Ambala (Haryana)'. As per Section 6(1) of the RTI Act a person who desires to obtain any information from a public authority is required to make a request in writing along with the prescribed fee. Rule 6 of the Right to Information Rules, 2012 lays down that the RTI request should be accompanied by an application fee of Rs 10/- by way of cash against proper receipt or by demand draft or banker's cheque or Indian Postal Order payable to the Accounts Officer of the public authority.
Decision Notice:
3. The instant complaint fails the maintainability test as the IPO was drawn incorrectly by the complainant and despite intimation from the CPIO to rectify the particulars of the addressee, the same has not been done by him. Thus the requisite RTI fee has not been deposited by the Complainant to start the RTI proceedings.
4. The Complainant is advised to submit a fresh RTI application(s) along with the fee of Rs.10/- as per Rule 6 of the Right to Information Rules, 2012, addressed to the correct person, as advised by the CPIO.
The matter is disposed of accordingly.
Notice of this decision be given free of cost to the parties.
Basant Seth Information Commissioner Authenticated true copy:
(R. L. Gupta) Dy. Registrar/Designated Officer