Central Information Commission
Shri.A N Gupta vs Ministry Of Personnel, Public ... on 11 July, 2011
In the Central Information Commission
at
New Delhi
File No: CIC/SM/A/2011/000075
Date of Hearing : July 11, 2011
Date of Decision : July 11, 2011
Parties:
Applicant
Shri A N Gupta
H.No.C127, Sector - 19
Noida, Gautam Budh Nagar
Noida,(UP)
Applicant was not present
Respondent(s)
Department of Personnel & Training
O/o the Under Secretary
North Block
New Delhi.
Represented by : Shri Kabindra Joshi, U.S, DOPT
Shri V M Rathnam, D.S, DOPT
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
In the Central Information Commission
at
New Delhi
File No: CIC/SM/A/2011/000075
ORDER
Background
1. The RTI Application dated 22.4.2010 was filed by the Applicant with the PIO, DoPT seeking Certified copy of the Order/Circular dated 14.1.2010 issued by DOPT under which complaints received by the PMO, the Cabinet Secretariat or the CVC against Secretaries of the Government are handled by a Committee headed by the Cabinet Secretary and also the Certified copy of the Cabinet Note along with its enclosures on the subject mentioned at (i) above. The PIO replied on 12.5.2010 informing the Applicant that a copy of this Department's OM NO. 104/100/2009AVDI dated 14.1.2010 and an amendment thereto issued on 8th march 2010 are already available on the web site of the Department at persmin.nic.in. He also enclosed certified copy of each of these orders/ circulars and with regard to point 2 he stated that no such information is available in the records. The Applicant filed his first appeal on 4.6.2010 stating that the CPIO has not mentioned any reason for not furnishing information against the second point. The Appellate Authority in his order dated 11.6.2010 reiterated that no Cabinet Note is available on the said subject and that the CPIO has rightly informed the Appellant that no such information exists in the records. Being aggrieved with this reply the Applicant filed his second appeal before the Commission. Decision
2. It is evident from the replies of both the PIO and the Appellate Authority that the information against point 2 is not available in the records of the Public Authority. The Respondent during the hearing confirmed once again that no Cabinet Note as sought by the Appellant is available in the records. Hence this point merits no disclosure.
3. The Appeal is rejected and the case closed at the Commission's end,.
(Annapurna Dixit) Information Commissioner Authenticated true copy (G.Subramanian) Deputy Registrar Cc
1. Shri A N Gupta H.No.C127, Sector - 19 Noida, Gautam Budh Nagar Noida,(UP)
2. The Public Information Officer Department of Personnel & Training O/o the Under Secretary North Block New Delhi.
3. The Appellate Authority Department of Personnel & Training O/o the Joint Secretary North Block New Delhi.
4. Officer Incharge, NIC.