Central Information Commission
Mrvivek Kumar vs Ministry Of Youth Affairs & Sports on 15 February, 2016
CENTRAL INFORMATION COMMISSION
Room No. - 308, 2nd Floor, August Kranti Bhawan,
Bhikaji Cama Place, New Delhi - 110066.
Website: cic.gov.in
File No. CIC/KY/A/2015/001100
Appellant : Shri Vivek Kumar
Village+Post-Bhandar, PS. Vishrampur
Palamu District, Jharkhand-822124
Public Authority : The CPIO
M/o youth Affairs, Nehru Yuva Kendra Palamu, Police Line Road,
Near Circuit House, Medini Nagar, Palamu, Jharkhand-822101
Date of Hearing : 15.02.2016
Date of Decision : 15.02.2016
Presence:
Appellant : Absent
CPIO : Shri Ramdeo Prasad, CPIO
FACTS:
I. Vide RTI application dated 31.07.2015, the appellant sought information on 4 issues.
II. CPIO, response is not on record.
III. The First Appeal (FA) was filed on 01.09.2015, as desired information not
provided.
IV. First Appellate Authority (FAA), order is not on record.
V. Grounds for the Second Appeal filed on NIL, are contained in the Memorandum
of Second Appeal.
HEARING
Appellant opted to be absent despite of our due notice to him. Respondents appeared before the Commission personally and made the submissions at length.
DECISION It would be seen here that the appellant, vide his RTI Application dated 31.07.2015, sought information from the respondents on 4 issues. However, respondents failed to furnish any response to the appellant. Being aggrieved with the aforesaid PIO's inaction, appellant filed his FA on 01.09.2015 before 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.
Page 1 of 22. During hearing of the appeal, it is submitted by Shri Ramdeo Prasad, CPIO that respondents vide their response dated 04.11.2015, responded the appellant's RTI application dated 31.07.2015. It is further submitted by him that respondents have sent the reply dated 04.11.2015, through Speed Post, however, the same was received back as undelivered. Further, Shri Ramdeo Prasad, CPIO, has produced a hand written note dated 04.02.2016, issued by Gram Panchayat, Bhandara, Vishrampur. As per the contents of this hand written note dated 04.02.2016, there appears that Shri Vivek Kumar, Appellant is not living at Village+Post-Bhandar, PS. Vishrampur, Palamu District, Jharkhand-822124, however, Shri Vivekanand Panday is living at this address. It is further revealed to the Commissioner that Shri Vivekanand Panday has not filed any RTI application for seeking any sort of information from the respondents and Shri Vivek Kumar is misusing the name and address of Shri Vivekanand Panday for the reasons best known to him.
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 31.07.2015, respondent's response dated 04.11.2015, other material made available on record and also the grounds of memorandum of second appeal.
The Appeal is disposed of accordingly.
(M.A. Khan Yusufi) Information Commissioner Authenticated true copy (Krishan Avtar Talwar) Deputy Registrar The CPIO M/o youth Affairs, Nehru Yuva Kendra Palamu, Police Line Road, Near Circuit House, Medini Nagar, Palamu, Jharkhand-822101 Shri Vivek Kumar Village+Post-Bhandar, PS. Vishrampur Palamu District, Jharkhand-822124 Page 2 of 2