Central Information Commission
Mrvinod Pratap Singh vs Gnctd on 15 March, 2016
CENTRAL INFORMATION COMMISSION
(Room No.315, BWing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi 110 066)
Prof. M. Sridhar Acharyulu (Madabhushi Sridhar)
Information Commissioner
CIC/SA/A/2015/002138
(Video Conference - Sant Kabir Nagar)
Vinod Pratap Singh Vs. Sub Divisional Magistrate (Yamuna Vihar), GNCTD
Important Dates and time taken:
RTI Application: 322015 FA/FAO:155/1962015 2nd Appeal: 18122015
Disposed of Hearing: 17022016 Decision:15032016
Parties Present:
The appellant is present at NIC Studio, Sant Kabir Nagar. The Public Authority is
represented by Mr. Daniel Masih, SDM(Yamuna Vihar).
FACTS:
2. The appellant filed the RTI application seeking information on action taken on his representation for verification of caste certificate dated 16.2.2015 as addressed to Mr. Arvind Kejriwal ,CM of Delhi. The PIO did not respond. The appellant filed appeal before the first appellate authority (FAA) against the reply of PIO. FAA ordered PIO/SDM (Yamuna Viha) to provide the information. Dissatisfied with the order of FAA, the appellant filed a second appeal before this Commission under section 19(3) of the RTI Act. DECISION:
3. Both the parties made their submissions. The PIO submitted that the information was to come from SDM (Seelampur) and that he will collect the same and furnish to the appellant. The main issue is regarding legality of the caste certificate submitted by Mr.Ram Charitra CIC/SA/A/2015/0002138 Page 1 Nishad, MP which is disputed. Mr. Ram Charitra has contested Lok Sabha 2014 General Elections from Machhishahr constituency of UP on BJP ticket. The appellant submitted that a writ petition No.2565/2014 on this matter is pending in the Delhi High Court. A committee constituted by the SC/ST Commission is also looking into this issue. Having heard the submissions, the Commission directs the respondent authority to furnish the information sought by the appellant within 15 days from the date of receipt of this order.
4. The Commission finds that the information sought is held by Mr. Ram Charitra Nishad, MP who is the third party and thinks it reasonable to give him an opportunity to present his views as to why the Commission should not consider him as public authority and direct him to furnish information.
5. As Mr. Ram Charitra Nishad is a member of the BJP, the Commission thinks that the BJP Parliamentary Party of Lok Sabha should be given reasonable opportunity to explain why the Commission should not consider BJP Parliamentary Party as 'Public Authority' under the RTI Act and seek the information demanded by the appellant.
6. The Commission also considers it is required in principles of natural justice to provide an opportunity to BJP Political Party which was declared as 'Public Authority' by full bench decision of Commission dated 03.06.2013 in CIC/SM/C/2011/001386, to explain why it should not be directed to give information as sought by the appellant.
7. The case is posted on 11th April, 2016 at 2.30 PM. Adjourned.
(M. Sridhar Acharyulu) Information Commissioner Authenticated true copy (U. C. Joshi) Deputy Secretary CIC/SA/A/2015/0002138 Page 2 Addresses of the parties:
1. The PIO under RTI Act, Govt of Delhi SDM (Seelampur), G.T.Road Seelampur, Delhi110053
2.Shri Vinod Pratap Singh, R/o Village Belabnawa, PostMehndawal Dist: Sant Kabir Nagar, U.P. Mobile: 08953588623
3. Shri Ram Charitra Nishad, Member of Parliament, Lok Sabha, 27, Western Court, Janpath, New Delhi110001 Email: [email protected] Cell Phone: 09312650788
4. The Leader of the Legislature Party in Lok Sabha, Bharatiya Janata Party Lok Sabha Secretariat, Parliament House CIC/SA/A/2015/0002138 Page 3 NEW DELHI110001
5. The President of the BJP Bharatiya Janata Party, Ashoka Road New Delhi110011.
CIC/SA/A/2015/0002138 Page 4