Central Information Commission
Shri G. P. Gupta vs Prime Minister’S Office (Pmo) (First ... on 18 May, 2009
CENTRAL INFORMATION COMMISSION
Appeal No.CIC/WB/A/2007/01642 dated 11.12.2007
Right to Information Act 2005 - Section 19
Appellant - Shri G. P. Gupta
Respondent - Prime Minister's Office (PMO)
Facts:
By an application of 13.8.07 Shri Girish Prasad Gupta of Begusarai (Bihar) applied to the Prime Minister's Office seeking the following information:
"1. Please provide complete details of the progress made on my application dated 11.9.06.
2. Please provide information with documentary evidence as follows:
When it was received in PMO?
Where it was sent from there?
What were orders of the Hon'ble Prime Minister on it? From there, to whom it was passed on and for what action?"
To this he received a response on 23.8.07 from CPIO Shri Kamal Dayani, Director, PMO, as follows:
"Your application dated 11.9.06 was examined and it was filed under Diary No. 584491 on 19.9.2006."
Not satisfied with this response, however, Shri Gupta moved his first appeal on 20.9.07 before Ms. Vini Mahajan, Jt. Secretary, PMO, who in her more detailed order of 30.10.07, has concluded as follows:
"The information sought at Point Nos. 1, 2 & 3 of your application has already been supplied to you. So far as point No. 4 & 5 of your application dated 11.9.06 are concerned, no delay has taken place in their disposal."
Shri GP Gupta has then moved his second appeal before us with the following prayer:
"It is prayed that my appeal may kindly be accepted and orders issued for further action. Simultaneously, CPIO be 1 directed to provide me requisite information on my long pending application."
The appeal was heard through videoconference on 18.5.2009. The following are present:
Appellant at NIC Studio, Begusarai Shri G. P. Gupta Respondents at PMO Studio, New Delhi Shri Devinder Singh Sandhu, Director Shri Amit Aggarwal, Dir / CPIO This is the first hearing of this Commission in which all parties have availed of videoconferencing facility. It carries the promise that this initiative will help develop the system resulting in economies of both time and transport cost. The PMO is, therefore, commended for this initiative. Appellant Shri Gupta was asked which precise question remained unanswered. He contended that none of his questions were answered.
DECISION NOTICE The fact is that in his brief initial response to the RTI application, the CPIO Sh. Kamal Dayani, PMO had indeed answered each of the questions of appellant as follows:
Questions Answers 1. Please provide complete details Your application dated 11.9.06 was of the progress made on my application examined and it was filed under Diary
dated 11.9.06. No. 584491 on 19.9.2006.
2. Please provide information with documentary evidence as follows:
a) When it was received in PMO? It was received on 19.9.2008
b) Where it was sent from there? To the PMO file
c) What were orders of the Hon'ble Nil Prime Minister on it?
d) From there, to whom it was passed It was filed in PMO on. and
e) for what action? No action was called for 2 All the above answers are clear from the answer of Sh. Kamal Dayani, and were accordingly explained to appellant Shri Gupta in the hearing. On the hand respondents might note that sub sec. (9) of Sec. 7 of the RTI Act requires that "An information shall ordinarily be provided in the form in which it is sought". The exceptions to this principle have also been specified. For this reason, it would have been appropriate for CPIO to provide a pointwise answer to the information sought by appellant Shri Gupta as explained to him in the hearing. However, the information sought having been provided, there is no reason for any further interference by this Commission. The appeal is, therefore, dismissed.
Announced in the hearing. Notice of this decision be given free of cost to the parties.
(Wajahat Habibullah) Chief Information Commissioner 18.5.2009 Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges, prescribed under the Act, to the CPIO of this Commission.
(Pankaj Shreyaskar) Joint Registrar 18.5.2009 3