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Central Information Commission

A Y Mudnal (Ali Patel) vs Lok Sabha Secretariat on 6 July, 2022

Author: Vanaja N Sarna

Bench: Vanaja N Sarna

                           क य सुचना आयोग
                    CENTRAL INFORMATION COMMISSION
                             बाबा गंगनाथ माग
                            Baba Gangnath Marg
                        मु नरका, नई द ल - 110067
                        Munirka, New Delhi-110067

                                           File No. CIC/LOKSS/A/2021/102237
In the matter of:
A Y Mudnal (Ali Patel)
                                                               ... Appellant
                                      VS
Central Public Information Officer
Lok Sabha Secretariat,
Room no. 132, Parliament House Annexe,
New Delhi-110001
                                                              ...Respondent
RTI application filed on          :   27/07/2020
CPIO replied on                   :   Not on Record
First appeal filed on             :   30/08/2020

First Appellate Authority order : Not on Record Second Appeal filed on : 05/10/2020 Date of Hearing : 05/07/2022 Date of Decision : 05/07/2022 The following were present:

Appellant: Present over VC Respondent: K.Sona, D.S. & CAPIO - present over VC in CIC Information Sought The appellant has sought the following information related to the National Commission for Minorities Act-2004 - 103rd Amendment Bill-2004:

- Provide a certified copy of the above stated bill.
-
Grounds for filing Second Appeal The CPIO did not provide any information.
Submissions made by Appellant and Respondent during Hearing:
The appellant in his written submissions has stated that till date no information has been provided to him. He has prayed that the CPIO may be 1 directed to provide the sought for information and penalty may be imposed on the concerned CPIO for not providing any reply within time. The CPIO in his written submissions has stated that initially the RTI application was rejected as the same was filed without a valid fee and the appellant was asked to deposit proper fee vide the letter dated 15.09.2020. However, rather than depositing valid fee or the first appeal with them, he had filed the first appeal with the Ministry of Parliamentary Affairs. The CPIO, Ministry of Parliamentary Affairs transferred the RTI application to them and in response to the transferred RTI, an appropriate reply was given to the appellant on 13.01.2021 and thereafter on 22.03.2021.

Observations:

From a perusal of the relevant case records, it is noted that a proper reply was given to the appellant on 22.03.2021 whereby he was informed that the Legislative Branch-I does not keep or maintain in its records a signed copy of any bill introduced or passed by Lok Sabha. The appellant was also informed that he may access the Government Gazette, Extraordinary, Part-II, as every Bill introduced in Lok Sabha is published in the Gazette of India. The Commission is unable to find any flaw in the reply as what is not available cannot be provided.
Decision:
In view of the above, the Commission upholds the submissions of the CPIO and does not find any scope for intervention in the matter. However, the CPIO is directed to send a copy of the written submissions sent recently to the Commission to the appellant within 2 days from the date of receipt of this order.
The appeal is disposed of accordingly.
Vanaja N. Sarna (वनजा एन. सरना) Information Commissioner (सूचना आयु!त) Authenticated true copy (अ भ मा णत स या पत त) A.K. Assija (ऐ.के. असीजा) Dy. Registrar (उप-पंजीयक) 011- 26182594 / 2 दनांक / Date 3