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Rajendra Garg vs Ministry Of Textiles on 30 August, 2024

Author: Heeralal Samariya

Bench: Heeralal Samariya

                                       के न्द्रीय सूचना आयोग
                              Central Information Commission
                                   बाबा गंगनाथ मागग, मुननरका
                              Baba Gangnath Marg, Munirka
                               नई दिल्ली, New Delhi - 110067

नितीय अपील संख्या / Second Appeal No. CIC/MOTXT/A/2023/137668

Shri Rajendra Garg                                                   ... अपीलकताग/Appellant
                                      VERSUS/बनाम

PIO, Ministry of Textiles                                       ...प्रनतवािीगण /Respondent

Date of Hearing                             :   28.08.2024
Date of Decision                            :   28.08.2024
Chief Information Commissioner              :   Shri Heeralal Samariya

Relevant facts emerging from appeal:
RTI application filed on          :              15.05.2023
PIO replied on                    :              13.06.2023
First Appeal filed on             :              08.07.2023
First Appellate Order on          :              - -
2 Appeal/complaint received on
 nd                               :              01.09.2023

 Information sought

and background of the case:

The Appellant filed an RTI application dated 15.05.2023 seeking information on following points:-

1. Please provide the DPR Report (Project Report) approved by Project Approval and Monitoring Committee (PAMC) for Jodhpur Mega Cluster under aid grant given by Development Commissioner (Handicrafts) New Delhi

2. Please provide the details of distribution of Tool Kits under Jodhpur Mega Cluster. The Assistant Director (H) & CPIO, Ministry of Textiles, New Delhi vide letter dated 13.06.2023 replied as under:-

"Point No. 1:-Jodhpur Mega Cluster was approved by the Project Approval and Monitoring Committee (PAMC) in different interventions. As such, the desired information sought by you comprehensive and exorbitant in is nature. Therefore, you are requested to furnish the specific details of information sought or make it convenient to visit this office to get the desired information with prior intimation to this office.

Point No.2:-Total 4,553 toolkits have been distributed under Jodhpur Mega Cluster. The details of the distributed toolkits as under:

1. Wooden Handicrafts Toolkits: 803

2. Tool Kits for Aari-Tari Embroidery crafts: 800.

3. Tool Kits for Applique Craft: 2450

4. Health & Safety kits for Wooden Handicraft Artisans: 500."

Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 08.07.2023 which was not adjudicated by the FAA as per available records.

Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.

Facts emerging in Course of Hearing:

Hearing was scheduled after giving prior notice to both the parties.

Appellant: Represented by Shri Naveen Chauhan through video conference Respondent: Shri Siby Michael - Assistant Director; Shri Manju Swamy - Assistant Director were present during hearing.

Both parties are present for the hearing and reiterated their respective contentions as already noted above. The Respondent stated that though opportunity to visit the office to get the desired information had been granted to the Appellant, the Appellant never took the opportunity.

Decision:

In the light of the aforementioned position, the Respondent is hereby directed to grant inspection of the relevant records pertaining to the queries raised by the Appellant, if the Appellant approaches the Respondent within thirty days of receipt of this order, on a mutually convenient date and time. Copies of documents identified by the Appellant shall be provided to him upon payment of fees as stipulated under the Act.

However, before granting inspection, the Respondent must exercise due caution and ensure that records given for inspection should not contain any information which is expressly barred under Section 8 or 9 of the RTI Act and also ensure that provisions of Section 10 of the RTI Act should also be applied to redact any third party information if deemed necessary while disclosing the records as sought by the Appellant. A compliance report in this regard shall be submitted by the Respondent before the Commission within one week after the inspection is carried out by the Appellant.

The appeal is disposed off with the above directions.

Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अनिप्रमानणत सत्यानपत प्रनत) S. K. Chitkara (एस. के . नचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 2 of 2 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-

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