Central Information Commission
K. Murugesan vs Ministry Of Social Justice & ... on 22 September, 2023
Author: Heeralal Samariya
Bench: Heeralal Samariya
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग ,मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
नितीय अपील संख्या/Second Appeal No. CIC/MOSJE/A/2022/138520
K. Murugesan .....अपीलकताग /Appellant
VERSUS/बनाम
Public Information Officer Under RTI,
Under Secretary--(FC & RTI) Ministry of Social
Justice & Empowerment, Department of Social
Justice & Empowerment-(FC & RTI), Shastri Bhawan,
New Delhi-110001.
...प्रनतवािीगण/Respondents
Relevant facts emerging from appeal:
RTI application filed on : 26.08.2021
CPIO replied on : Not on record
First appeal filed on : 16.05.2022
First Appellate Authority order : Not on record
Second Appeal received at CIC : 16.08.2022
Date of Hearing : 05.09.2023
Date of Decision : 14.09.2023
सूचना आयुक्त : श्री हीरालाल सामररया
Information Commissioner: Shri HeeralalSamariya
Information sought:
The Appellant sought following information:
REQUIRED INFORMATION I:
Whether Nomadic, Semi-Nomadic and De-Notified Commission 'report Submitted by Shri. BIKURANOI IDATE on Jan 2018 in your office, is accepted by your Ministry. Page 1 of 3 REQUIRED INFORMATION II:
If accepted by you, kindly intimate, any draft bill on the above said commission's recommendations, is submitted to PARLIAMENT OF INDIA. If not so, present position of the NT / DNT commission report may please be intimated to me. As regards DNT list pertaining to Tamil Nadu we "Kuravan" people have given representations to delete all 27 Koravars name from the DNT list to BIKURAMJI IDATE in Madurai (Tamil Nadu) visit, as KURAVAN is already in Scheduled Caste list of Tamil Nadu Serial No.36. REQUIRED INFORMATION III:
(a) Is there any action taken to delete all 26 Koravars name from the DNT List of Tamil Nadu by the NT/DNT Commission or Social Justice and Empowerment Department.
Honourable Madras High Court Judgement is enclosed herewith for your information / reference please.
• Having not received any order from the CPIO, the Appellant filed First Appeal, vide letter dated 16.05.2022 which has not been adjudicated by the First Appellate Authority as per available record. • Written submission has been received from the CPIO vide letter dated 16.08.2023 and the same has been taken on record.
• Written submission has been received from the CPIO vide letter dated 27.07.2023. The relevant part of the same is as under:
"In this regard, it is informed that information asked by you has already been provided by the DWBDNC and the Department vide letters dated 18.10.2021 and 29.08.2022 respectively. However it seems that you have not received said communications.
A copy of the above communications dated 18.10.2021 and 29.08.2022 are again sent, along with copy of email sent to you, for kind reference."
Grounds for Second Appeal:
The PIO has not provided correct information to the Appellant.
Relevant Facts emerging during Hearing:
The following were present: -
Appellant: Present Respondent: Shri Dayanand Kumar, Under Secretary and Shri Mahender Kumar, Under Secretary, participated in the hearing in person. Page 2 of 3 The Appellant stated that he is not satisfied with the reply provided by the Respondent qua the instant RTI Application.
The Respondent submitted that there is not such proposal in the office of DWBDNC for deletion of 'Kuravan' from the list of DNTs of Tamil Nadu and the same has been informed to the Appellant vide letter dated 18.10.2021 and 29.08.2022.
Decision:
Keeping in view the facts of the case and the submissions made by the Respondent, the Commission is of the view that an appropriate response as per the provisions of the RTI Act, 2005 has been provided by the Respondent on the basis of available records. Hence, no further intervention of the Commission is required in the instant matter. For redressal of his grievance, if any, the Appellant is advised to approach an appropriate forum.
The appeal is disposed of accordingly.
HeeralalSamariya(हीरालाल सामररया) Information Commissioner (सूचना आयुक्त) Authenticated true copy.
(अनिप्रमानणतसत्यानपतप्रनत) Ram Parkash Grover (रामप्रकाशग्रोवर) Dy. Registrar (उप-पंजीयक) 011-26180514 Page 3 of 3