Central Information Commission
Mr.R K Jain vs Department Of Legal Affairs on 21 October, 2013
Central Information Commission
Room No. 305, 2nd Floor, 'B' Wing, August Kranti Bhavan,
Bhikaji Cama Place, New Delhi110066
Web: www.cic.gov.in Tel No: 26167931
Case No. CIC/SS/C/2013/000308
October 21, 2013
Complainant : Shri R.K. Jain
Respondents : Department of Legal Affairs and
The office of the SolicitorGeneral of India
Date of Hearing : 21.10.2013
ORDER
The present complaint, filed by Shri R.K. Jain against Department of Legal Affairs and the Office of the Solicitor General of India, was taken up for hearing on 21.10.2013 when the RespondentsDepartment of Legal Affairs were present through Shri K. Ginkhan Thang, Dy. Secretary and Ms Asha Sota, US & CAPIO. However, none was present for the office of the Solicitor General of India as the notice for hearing was not issued to them. The Complainant was present in person.
2. The facts giving rise to the instant complaint are that the Complainant had filed an RTI application dated 07.01.2013 before the CPIO, Solicitor General of India seeking certain information (like, date and diary number of representation; copy of and mode of delivery of the same; datewise action taken on it; copies of note sheet CIC/SS/C/2013/000308 Page 1 of 8 2 dealing with it etc.) about the processing of a representation dated 25.08.2011 of the Indirect Tax Practitioner Association, Bangalore seeking permission for moving contempt petition against the Complainant.
3. Although this RTI application was filed with the Office of the Solicitor General of India by the Complainant, it was dealt with by the CAPIO (Ms. Asha Sota) Department of Legal Affairs, New Delhi, who through her letter dated 30.01.2013 transferred the same to the CPIO, Department of Revenue, North Block, New Delhi u/s 6(3) of the RTI Act. This letter of the CAPIO, however, did not make mention of the fact as to from whom she (Ms. Asha Sota) had received the said RTI application of the Complainant.
4. Thereafter, the CPIO, Department of Revenue-- to whom the said RTI application was transferred by the CAPIO, Department of Legal Affairs-- vide his letter dated 11.02.2013 transferred this RTI application back to the CAPIO, Department of Legal Affairs stating that the subject matter of the RTI application more closely relates to the Department of Legal Affairs. A copy of this letter was also marked to the Complainant.
5. On receipt of the above letter, the Complainant by his letter dated 14.02.2013 requested the CAPIO, Department of Legal Affairs to obtain the information from the Office of the Solicitor General of India since the information had been sought from his office.
6. Thereafter the Under Secretary (Shri G.D. Sharma), Department of Legal Affairs, sent a reply to the Complainant vide his letter dated 20.03.2013 informing 2 him that the concerned section of the department has informed that representation dated 25.08.2011 is not traceable in the records.
7. The Complainant then, being dissatisfied with the reply/action on his RTI application by the Department of Legal Affairs, approached the Commission by way of instant complaint u/s 18 of the RTI Act, interalia, demanding that an enquiry be instituted u/s 18(2) of the RTI Act in order to verify the Respondents' statement that representation in question is not traceable in their department. He has also demanded the penal action be initiated against the CAPIO, Ms Asha Sota and Sh. G.D. Sharma, Under Secretary of Department of Legal Affairs.
8. During the hearing, the Complainant, while wondering as to how his RTI application had reached the CAPIO, Department of Legal Affairs, while the same was filed by him with the office of the Solicitor General of India, states that the CAPIO, Ms. Asha Sota had wrongly transferred his RTI application to the CPIO, Department of Revenue and that when the same was returned back to her, an incorrect reply had been given to him that representation in question in not traceable in records of the Department of Legal Affairs. He also questions the authority of the CAPIO to respond to the RTI application. He argues that under section 5(2) of the RTI Act the CAPIO has no power to answer the RTI application. The CAPIO's job is limited to just forwarding the RTI application to CPIO only. He thus demands for imposition of penalty on the CAPIO, Ms Asha Sota for causing obstruction to supply of information by wrongly transferring his RTI application. He also places on record the reply dated 19.07.2013 of the CAPIO, Ms. Asha Sota, received after the filing of the present complaint before the CIC, by which the CIC/SS/C/2013/000308 Page 3 of 8 4 CAPIO had, interalia, stated that"...as per order dated 10.12.2012 of Hon'ble CIC in the case titled Shri Subhash Chander Agrawal, Shri Ajitabh Sinha and Shri Mani Ram Sharma vs. Attorney General of India, the Office of Attorney General of India is not public authority under the RTI Act. On the same analogy the Office of Solicitor General of India cannot be considered a public authority. Therefore, your application was not transferred to the Office of Solicitor General of India."
9. The Respondents, on their part, submit that there is no CPIO designated at the office of the Solicitor General of India and that they (Department of Legal Affairs) look after the administrative matter in relation to the office of the Solicitor General of India. Therefore, the RTI application was dealt with/replied to by them. They also claim that the office of the Solicitor General of India is not a public authority under the RTI Act as it falls under the same footing as that of the office of Attorney General of India, which has been declared not to be a public authority within the meaning of section 2(h) of the RTI Act by the Full Bench of the Commission in Subhash Chandra Agrawal & ors. v. Attorney General of India; CIC/SM/C/2011/1542; CIC/SM/C/2011/1322 & CIC/SM/C/2012/609; dated 10.12.2012.
10. The Complainant objects to the Respondents' statement that the office of the Solicitor General of India enjoys the same status as that of the office of the Attorney General of India, and argues that how can the department of Legal Affairs speak on behalf of the office of the Solicitor General of India. According to him, the office of Solicitor General of India is an independent body which cannot be equated with the Attorney General of India.
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11. In view of the averments made hereinabove, the following issues/questions arise for decision/consideration:
i) whether the CAPIO is authorised to respond to an application made u/s 6(1) of the RTI Act or not.
ii) how did the instant RTI application of the Complainant reach the CAPIO, Department of Legal Affairs, while it was filed with office of the Solicitor General of India?
iii) why did the office of the Solicitor General of India not reply to the RTI application?
iv) what is the status of the office of the Solicitor General of India under the RTI Act?
12. As regard the first issue, the Commission finds merit in the Complainant's submission that in terms of subsection (2) of section 5 of the RTI Act, the CAPIO has limited duties to perform. Section 5(2) reads as follows:
"5(1) XXXXX (2) Without prejudice to the provisions of subsection (1), every public authority shall designate an officer, within one hundred days of the enactment of this Act, at each subdivisional level or other subdistrict level as a Central Assistant Public Information Officer or a State Assistant Public Information Officer, as the case may be, to receive the applications for information or appeals CIC/SS/C/2013/000308 Page 5 of 8 6 under this Act for forwarding the same forthwith to the Central Public Information Officer or the State Public Information Officer or senior officer specified under subsection (1) of section 19 or the Central Information Commission or the State Information Commission, as the case may be:
Provided that where an application for information or appeal is given to a Central Assistant Public Information Officer or a State Assistant Public Information Officer, as the case may be, a period of five days shall be added in computing the period for response specified under subsection (1) of section
7."
13. The provisions of this section clearly define the duties to be performed by a CAPIO under the RTI Act i.e. i) to receive the RTI applications or appeals from citizens and ii) to forward the same to the officers/authority(s) appointed under the Act to deal with such applications/appeals. The law does not authorise the CAPIO/SAPIO to respond to RTI applications. This duty is specifically entrusted upon the CPIO/SPIO u/s 7(1) of the RTI Act which reads as follows:
"7. (1) Subject to the proviso to subsection (2) of section 5 or the proviso to subsection (3) of section 6, the Central Public Information Officer or State Public Information Officer, as the case may be, on receipt of a request under section 6 shall, as expeditiously as possible, and in any case within thirty days of the receipt of the request, either provide the information on payment of such fee as may be prescribed or reject the request for any of the reasons specified in sections 8 and 9:"
14. Thus the first issue/question here is answered in negative. The CPIO(s) and the CAPIO(s) of the public authority (i.e. Ministry of Law & Justice) are accordingly hereby advised to act as per the law henceforth.
15. As regard the second question, the Commission notes that the Respondents have answered this question (para 9) hereinabove. According to them since there is 6 no CPIO designated in the office of the Solicitor General of India, and they look after the administrative function of the former, the RTI application had come to them for giving response to the Complainant.
16. As regards the third and fourth questions, the Commission hereby directs the Respondents--Department of Legal Affairs--who looks after the administrative functions of the office of the Solicitor General of India, to file a written submission before the Commission in support of their plea that the Solicitor General of India falls under the same footing as that of the office of Attorney General for India and that the full Bench decision of the Commission in the case of Attorney General for India (as referred to hereinabove) would apply to them (Solicitor General of India) as well. The written submission should reach the Commission by or before 20.11.2013. A copy of the written submission should also be sent to the Appellant for him to file rejoinder, if any.
17. The matter shall now be heard on 28.11.2013 at 1500 Hrs. Parties are directed to be present before the Commission on the scheduled date.
(Sushma Singh) Information Commissioner CIC/SS/C/2013/000308 Page 7 of 8 8 Authenticated by (D.C. Singh) Deputy Registrar Address to the Parties:
1. Shri R.K. Jain 1512B, Bhisma Pitamah Marg Opp. ICICI Bank, Defence Colony Wazir Nagar New Delhi 110003
2. The Central Public Information Officer (RTI) Ministry of Law & Justice Department of Legal Affairs Implementation Cell Shastri Bhawan New Delhi 110001
3. The Solicitor General of India Supreme Court of India Tilak Marg New Delhi 110001 8