Central Information Commission
Sanjiv Chatruvedi vs Prime Minister'S Office on 18 October, 2018
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/PMOIN/A/2017/176627
Sh. Sanjiv Chaturvedi, ...अपीलकता /Appellant
Versus
बनाम
Central Public Information Officer,
Under Secy., Prime Minister's Office,
South Block, Raisina Hill, New Delhi-110011. ... ितवादी/Respondent
Dated of Hearing:- 16.10.2018
Dated of Decision:- 16.10.2018
RTI Application filed on:- 07-08-2017
CPIO replied on:- 09-10-2017
First Appeal filed on:- 22-09-2017
FAA's order:- 25-08-2017
2nd Appeal received on:- 15-11-2017
ORDER
Facts:
1.The appellant filed RTI application dated 07-08-2017seeking miscellaneous information regarding corruption charges against Cabinet Minsters/IAS officers etc. including details of various projects such as 'Make in India', 'Skill India', 'Swachh Bharat'and 'Smart City Project', etc.
2. The appellant filed second appeal on 15-11-2017before the Commission on the ground that information should be provided to him.
Hearing:
13. The appellant participated in the hearing through VC. The respondent, Sh.
Parveen Kumar, US & CPIO along with Sh. D K Shukla, SO and Sh. Vikas Anand, ASO were personally present in the hearing.
4. The appellant had sent his written submission dated 09.10.2018, which is taken on record.
5. The appellant referred to his RTI application dated 07.08.2017 and stated that complete information has not been provided to him by the respondent.
6. The appellant stated that the information sought by him on point no. 1(b) (regarding certified copy of all complaints submitted to Prime Minister of India against corruption charges of serving Central Ministers, etc.) has wrongly been denied to him. He stated that he had sought specific and clear information from the respondent. The appellant stated that he has received the information sought by him on point nos. 2 and 3 of his RTI application. The appellant stated that the information sought by him on point nos. 4 and 5 (regarding information about the quantum and value of black money brought back from abroad, etc. and information regarding deposition of black money in the accounts of the citizens, etc.) has been wrongly denied to him by stating that it is not covered under Section 2(f) of the RTI Act. The appellant stated that the information sought by him on point no. 6 (regarding efforts made by Prime Minister regarding appointment of Lokpal, etc.) has not been provided to him. The appellant further stated that the information sought by him on point nos. 7 and 8 (regarding list of products made/manufactured in the country as the outcome of ' Make in India', etc. and details of amount sanctioned for 'Namami Gange Project', etc.) has not been provided to him. The appellant stated that partial information on point nos. 9 and 11 (regarding 'Skill India' and 'Smart City Project') has been provided to him. The appellant stated that no information has been provided to him on point no. 10 (regarding amount spent by Central Govt. on all the advertisements related to publicity of Central Govt.) of his RTI application. The appellant stated that he wants to know final action on point nos. 12 & 13 (regarding processing and decision taken on his request for appointment with Prime Minister of India, etc. and copy of all the 2 information related to action taken on his letter dated 26.09.2013, etc.). The appellant stated that information on point nos.14 & 16 has already been provided to him. The appellant further stated that information on point no.15 (regarding copy of file noting/document related to the appointment of Secretary and Joint Secretary to the President of India etc.) has not been provided.
7. The appellant stated that the information sought by him is specific and clear. He further stated that the information sought by him is in larger public interest.
8. The respondent stated that vide their letters dated 09.10.2017, 13.04.2018 & 06.03.2018, point-wise reply/information has already been provided to the appellant. The replies sent by the respondent were seen during the hearing.
9. The respondent reiterated that complete available information has already been provided to the appellant.
Discussion/Observation:
10. Form perusal of the written submissions of the appellant, replies given by the respondent and statements made by both the parties during the hearing, the Commission observe that the respondent has transferred the RTI application of the appellant to various public authoritiesi.e Department of Personnel & Training, Department of Industrial Policy & Promotion, Ministry of Water Resources & River Development and Ganga Rejuvenation, Ministry of Skill Development & Entrepreneurship, Ministry of Housing & Urban Poverty Alleviation, Ministry of Drinking Water and Sanitation and Cabinet Secretariaton point nos. 1(a), 6, 7, 8, 9, 11 & 15 of the RTI application respectively.
11. The Commission further observed that the respondent has not given correct and specific reply/information to the appellant on point nos. 1(b), 4, 5, 12 & 13 of the RTI application. The respondent has wrongly stated in his reply against point nos. 4 and 5 of the RTI application that "request made by the appellant is not covered under the definition of 'information' as per Section 2(f) of the RTI Act". The Commission observed that specific and clear information is 3 sought by the appellant on point nos. 4 and 5. The respondent has also not provided information on point no. 10 of the RTI application. If the information is not available with them the same may be transferred to Ministry of Information & Broadcasting.
Decision:
12. The respondent is directed to give specific reply/information on point nos.
1(b), 4, 5, 12 & 13 of the RTI application dated 07.08.2017 to the appellant, within 15 days from the date of receipt of this order and transfer point no. 10 to Ministry of Information & Broadcasting, within 5 days from the date of receipt of this order.
13. The appellant, if he so wishes, may approach the Public Authority(s) (where his RTI application has been transferred on various points) in order to obtain the information.
The appeal is disposed of. Copy of the decision be given free of cost to the parties.
Radha Krishna Mathur ( राधा कृ ण माथुर) Chief Information Commissioner (मु यसूचना आयु ) Authenticated true copy (अिभ मािणतस ािपत ित) S.C. Sharma Dy. Registrar 011-26186535 एस. सी. शमा, उप-पंजीयक 4