Central Information Commission
Mr.I Nicholas vs Department Of Legal Affairs on 17 December, 2013
Central Information Commission
Room No.305, 2nd Floor, August Kranti Bhawan,
Bhikaji Cama Place, New Delhi - 110 066
Website: www.cic.gov.in Tel No:26167931
Case No: CIC/SS/C/2012/000865
Dated: 17.12.2013
Name of the Complainant : Shri I. Nicholas
Name of Respondents : Ministry of Law & Justice,
Department of Legal Affairs
Date of Hearing : 11.12.2013
ORDER
The Commission vide its Interim Order of even number dated 7.11.2013 on the complaint filed by Shri I. Nicholas against the respondent Department of Legal Affairs and DOPT held as follows: "Prima facie the CPIO, DOPT has failed to reply to the RTI application of the appellant. The CPIO, DOPT has inadvertently not been summoned for the hearing. The CPIO/DOPT is hereby directed to file his written submissions before the Commission. Put up for hearing on 11.12.2013 at 1300 hrs." The complainant was absent whereas respondent were represented by Ms. Asha Sota, Under Secretary, Department of Legal Affairs and Shri D.K. Sengupta, Under Secretary (Administration)/CPIO, DOPT filed his written submissions vide his letter dated 20.11.2013.
2. The complainant through the RTI application dated 6.7.2011 sought information on following 8 points as follows: "(1) Please provide a copy of each and every documents mandatory to be prepared and displayed under 2 CIC/SS/C/2012/000865 Mandatory provision of Section 4 of the RTI Act; (2) Please provide a copy of the Citizen Charter of Department of Legal Affairs; (3) Copies of the relevant Act, Rules, Regulations, G.Os, Notifications etc. under which any citizen/ resident of U.P. can be termed and declared himself as social activist/social worker; (4) Please provide the details of the Govt. Deptt/Officer/Authority who are empowered and entitled to declare and recognize any person as social activist/social worker under their territorial jurisdiction; (5) Please provide details of the social activist/ social worker residing in the Revenue Area of Meerut Commissionerate, Meerut; (60 Please provide a copy of (i) Charter (ii) Job Chart/Card of the Social activist/social worker; (7) Please provide copy of document containing, privilege, rights and duties of social activist/ social workers in U.P; and (8) Please provide the details of the protocol, if there is any, relating to social activist/social workers at the time of visiting Government Officers/ Department and meeting its officials." The CPIO vide O.M. No. 21(887)/2011-IC dated 14.7.2011 forwarded the RTI application to the CPIO,DOPT u/s 6(3) of the RTI Act on the grounds that the subject matter of the RTI application pertained to DOPT.
2.1. In his complaint filed before the Commission, the complainant states both the CPIOs of Department of Legal Affairs and DOPT have not provided information, thus they have breached the provisions of Section 7(i), 10 of the RTI Act. The complainant has requested for award of compensation u/s 19(b) of the RTI Act and initiation of penalty proceedings u/s 20(1) of the RTI Act against both the CPIOs.
2.2. The respondent CPIO/Department of Legal Affairs submits that complainant's RTI application dated 6.7.2011 was transferred to DOPT vide letter dated 14.7.2011.
3. In his written submissions filed before the Commission the CPIO/DOPT states that the RTI application dated 6.7.2011 of Shri I. Nicholas was received on 19.7.2011 on transfer from Department of Legal Affairs vide O.M. No. 21(887)/2011-IC dated 14.7.2011. As only the information sought in Point No. 3 CIC/SS/C/2012/000865 1 therein pertained to DOPT, the transfer of the RTI application has been accepted only in respect of Point 1 and the application was returned to the Department of Legal Affairs vide O.M. No. 2/2/2011-RTIC dated 19.7.2011 requesting that Department to take further necessary action under the provisions of the RTI Act and a copy of this OM was also forwarded to Shri Nicolas for information. Information on Point No. 1 of the RTI application was provided to the appellant by the CPIO/DOPT vide letter No. 12/236/2011-IR dated 3.8.2011.
4. During the hearing the CPIO/Department of Legal Affairs states that on receipt of RTI application from DOPT, the CPIO vide letter No. 21(8870)/2011- IC dated 23.8.2011 transferred Point No. 2 to 8 of the RTI application to the Chief Secretary, Government of UP, Lucknow for providing information directly to the complainant.
5. In the case of Chief Information Commissioner and Another Vs. State of Manipur and Another (Civil appeal Nos. 10787-10788 of 2011 arising out of S.L.P(C) No. 32768-32769/2010) the Hon'ble Supreme Court of India has held as under vide Judgment dated 12.12.2011:
"Therefore, the procedure contemplated under Section 18 and Section 19 of the said Act is substantially different. The nature of power under Section 18 is supervisory in character whereas the procedure under Section 19 is an appellate procedure and a person who is aggrieved by refusal in receiving the information which he has sought for can only seek redress in the manner provided in the statute, namely, by following the procedure under Section 19. This Court is, therefore, of the opinion that Section 7 read with Section 19 provides a complete statutory mechanism to a person who is aggrieved by refusal to receive information. Such person has to get the information by following the aforesaid statutory provisions. The contention of the appellant that information can be accessed through Section 18 is contrary to the express provision of Section 19 of the Act."
6. The present complaint has been filed under Section 18 of the RTI Act, 2005 and is being dealt with accordingly. In view of the fact that the respondent CPIO/DOPT has already replied to the complainant vide letter dated 3.8.2011 on Point No. 1, and CPIO/Department of Legal Affairs transferred Point No. 2 to 8 of the RTI application to 4 CIC/SS/C/2012/000865 the Chief Secretary, Government of UP vide letter dated 23.8.2011, for providing information directly to the complainant, within stipulated period, no penalty proceedings u/s 20(1) of the RTI Act against the CPIOs DOPT and Department of Legal Affairs are warranted.
The complaint petition is disposed of accordingly.
(Sushma Singh) Information Commissioner Authenticated true copy:
(K.K. Sharma) OSD & Deputy Registrar.
Address of the parties:
Shri I. Nicholas, 85/2, Mansarovar, Meerut-250001 (U.P) The CPIO, Department of Personnel & Training, North Block, New Delhi-110001.
The CPIO, Ministry of Law & Justice, Department of Legal Affairs, Shastri Bhawan, New Delhi-110001.
The Joint Secretary & Legal Adviser/FAA Ministry of Law & Justice, Department of Legal Affairs, Shastri Bhawan, New Delhi-110001.