Central Information Commission
Sumit Chouchan vs Ministry Of Youth Affairs & Sports on 21 December, 2022
CIC/MOYAS/A/2021/142742
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/MOYAS/A/2021/142742
In the matter of:
Sumit Chouchan ... अपीलकता/Appellant
VERSUS
बनाम
CPIO, ... ितवादीगण /Respondent
Bharat Scouts and Guides,
National HQ, Lakshmi Mazumdar
Bhawan, 16, M G Marg, IP Estate,
New Delhi110002
Relevant dates emerging from the appeal:
RTI Application filed on : 08.06.2021
CPIO replied on : 09.07.2021
First Appeal filed on : 29.07.2021
First Appellate Authority order : 28.09.2021
Second Appeal received on : 08.10.2021
Date of Hearing : 21.12.2022
The following were present:
Appellant: Absent (Despite being served the hearing notice)
Respondent: Shri. Arup Sarkar, CPIO & Shri. Youvraj Prince, ACPIO from
Bharat Scouts and Guides, National HQ, participated in the hearing in
person
Page 1 of 6
CIC/MOYAS/A/2021/142742
ORDER
Information sought:
The Appellant filed an RTI Application dated 08.06.2021 seeking information on the following two points:
Shri S. S. Ray, CPIO, The Bharat Scouts and Guides, New Delhi vide letter dated 09.07.2021, informed to the Appellant as under:
Being dissatisfied, the Appellant filed a First Appeal dated 29.07.2021. The First Appellate Authority vide order dated 28.09.2021, informed as under:Page 2 of 6
CIC/MOYAS/A/2021/142742 Grounds for Second Appeal:
The Appellant filed a Second Appeal u/s 19 of the Act on the ground of unsatisfactory reply furnished by the Respondent. Appellant requested the Commission to direct the CPIO to provide complete information sought for take appropriate legal action against the Respondent.
Submissions made by Appellant and Respondent during Hearing:
The Appellant did not participate in the hearing despite being served the hearing notice.
The Respondent submitted that a categorical reply along with the requisite information has already been furnished to the Appellant vide letter dated 09.07.2021. However, the Appellant has raised contention that the said document was not signed by the concerned authority so vide letter dated 27.07.2021 the duly signed document has been furnished to the Appellant.
Upon careful perusal of the said document, the Commission observed that only the letter dated 27.07.2021 has been signed by the then CPIO whereas the initial reply dated 09.07.2021 is still left unsigned. The Respondent submitted that the requisite document with proper signatures will be sent to the Appellant at the earliest.
Page 3 of 6CIC/MOYAS/A/2021/142742 Upon being queried by the Commission, the Respondent submitted that these replies were sent by the previous CPIO Shri. S.S Ray who has now been transferred to Madhya Pradesh.
A written submission has been received by the Commission from Shri. Arup Sarkar, C.P.I.O. The Bharat Scouts and Guides vide letter dated 19.12.2022, the copy of same has also been marked to the Appellant wherein the Commission has been Apprised as under:
Page 4 of 6CIC/MOYAS/A/2021/142742 Decision:
Upon perusal of the facts on record as well as on the basis of the proceedings during the hearing, the Commission observes that though the Respondent has furnished the requisite information to the Appellant within the stipulated time frame, but the averred document does not bear signature of the CPIO. The Commission expresses severe displeasure with the cavalier approach of the then CPIO Shri. S.S Ray and the Commission strictly admonishes him for not dealing with the instant matter in a judicious manner. In view of the above and in the light of the submission made during hearing the Commission deems it fit to direct the Respondent to furnish the properly signed documents to the Appellant within a week's time from the date of receipt of this order.
With the above observations, the instant Second Appeal is disposed of. Copy of the decision be provided free of cost to the parties.
The Appeal, hereby, stands disposed of.
Amita Pandove (अिमतापांडव) Information Commissioner (सूचना आयु ) दनांक / Date: 21.12.2022 Authenticated true copy (अिभ मािणत स यािपत ित) B. S. Kasana (बी. एस. कसाना) Dy. Registrar (उप-पंजीयक) 011-26105027 Page 5 of 6 CIC/MOYAS/A/2021/142742 Addresses of the parties:
1. The First Appellate Authority (FAA) Bharat Scouts and Guides, National HQ, Lakshmi Mazumdar Bhawan, 16, M G Marg, IP Estate, New Delhi- 110002
2. The Central Public Information Officer Bharat Scouts and Guides, National HQ, Lakshmi Mazumdar Bhawan, 16, M G Marg, IP Estate, New Delhi110002
3. Mr. Sumit Chouchan Page 6 of 6