Birju Bhati vs Comptroller & Auditor General on 19 May, 2022

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Central Information Commission

Birju Bhati vs Comptroller & Auditor General on 19 May, 2022

Bench: Neeraj Kumar Gupta

                            के   ीय सूचना आयोग
                     Central Information Commission
                         बाबा गंगनाथ माग ,मुिनरका
                      Baba Gangnath Marg, Munirka
                      नई  द ली, New Delhi - 110067

ि तीय अपील सं या/Second Appeal No. CIC/CAGIN/A/2020/126356

Mr. Birju Bhati                                        ... अपीलकता /Appellant
                                  VERSUS
                                   बनाम
CPIO                                                    ...!ितवादी/Respondent
O/o. the Accountant General
(Economic and Revenue Sector Audit)
Rajasthan, 2 Janpath, C-Scheme,
Jaipur, Rajasthan-302005

Relevant dates emerging from the appeal:-

RTI : 16-02-2020           FA    : 23-05-2020          SA      : 09-09-2020

CPIO : Not on Record       FAO : Not on Record         Hearing : 12-05-2022

                                 ORDER

1. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), O/o. the Accountant General, (Economic and Revenue Sector Audit), Jaipur, Rajasthan. The appellant seeking information is as under:-

2. No reply of CPIO is placed on record. Being dissatisfied with the same, the appellant has file first appeal dated 23-05-2020 and requested that the information should be provided to him. No order of FAO is placed on record.

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He has filed a second appeal before the Commission on the ground that information sought has not been provided to him and requested to direct the respondent to provide complete and correct information.

Hearing:

3. The appellant attended the hearing through video-conferencing. The respondent, Ms. Meena, Sr. DAG & CPIO attended the hearing through video- conferencing.

4. The written submissions of the respondent are taken on record.

5. The appellant submitted that till date no information has been provided to him by the respondent on his RTI application dated 16.02.2020.

6. The respondent submitted that earlier the information was denied to the appellant under Section 8(1)(c) of the RTI Act, as that time the same was under

process and was not laid down in State Legislature. The respondent has further informed the Commission that the information sought is now available in their records and is also available in public domain.

Decision:

7. The Commission, after hearing the submissions of both the parties and after perusal of records, observes that the respondent has earlier denied the information to the appellant on his RTI application under Section 8(1)(c) of the RTI Act. However, at this stage, the respondent is agreed to furnish the information to the appellant. He has further informed that the information sought is also now available in public domain and a link in this regard has also been given by the respondent in its written submissions. In the interest of justice, the Commission directs the respondent to give information to the appellant in hard-copy, free of cost on his RTI application, within a period of 15 days from the date of receipt of this order.

8. With the above observations, the appeal is disposed of.

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9. Copy of the decision be provided free of cost to the parties.




                                                           नीरज कु मार गु ा)
                                       Neeraj Kumar Gupta (नीरज           ा
                                                               सूचना आयु )
                                     Information Commissioner (सू

                                                        दनांक / Date : 12-05-2022
Authenticated true copy
(अिभ मािणत स यािपत ित)


S. C. Sharma (एस. सी. शमा ),
Dy. Registrar (उप-पंजीयक),
(011-26105682)


Addresses of the parties:
1.   CPIO
     O/o. the Accountant General
     (Economic and Revenue Sector Audit)
     2 Janpath, C-Scheme, Jaipur,
     Rajasthan-302005

2.    Mr. Birju Bhati




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