Central Information Commission
Naresh Mokate vs Ministry Of Social Justice & ... on 24 July, 2024
Author: Heeralal Samariya
Bench: Heeralal Samariya
के न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/MOSJE/A/2023/127472
Shri Naresh Mokate ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, ...प्रनतवािीगण /Respondent
Ministry of Social Justice and Empowerment
Date of Hearing : 22.07.2024
Date of Decision : 22.07.2024
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeals:
Case No. RTI Filed CPIO reply First FAO 2nd Appeal
on appeal /Complainant
received on
127472 12.02.2023 -- 02.04.2023 -- 16.06.2023
Information soughtand background of the case:
The Appellant filed an RTI application dated 12.02.2023 and 20.02.2023 seeking information on following points:-
"Requesting a written statement from your office, relating to the action taken and proceeding status, on my various duly signed letter submissions sent (via post & Emails to your office for necessary cognizance and natural justice for period under consideration from 01/JAN/2022 to 12/FEB/2023 and 01 JAN/2022 to 20/FEB/2023 on email ids.
Xx
a) "Stepwise progress, proceeding status & action taken report on the above mentioned submission.
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b) Provide necessary details (like: Name, Contact number & Address) of the Concerned person handling our matter (so as to facilitate communication).
c) Information about as to: Within how many days, the addressed prayer - will be or must be processed (as per the Citizen's Charter of your esteemed Organization & as laid down by the provisions of said R.T.I. Act 2005)."
Having not received any reply from the CPIO, the Appellant filed a First Appeal dated 02.04.2023 which was not adjudicated by the FAA as per available records.
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Written submission dated 05.07.2024 has been received from the Appellant and same has been taken on record for perusal.
Written submission dated 10.07.2024 has been received from the US/CPIO, Department of Social Justice and Empowerment and same has been taken on record. The relevant extract whereof is as under :
"..please refer to Central Information Commission (CIC)'s reference No.CIC/MOSJE/A/20231127472 dated 24th June 2024 informing that RTI application dated 12th February 2023 filed by Shri Naresh Mokate has been listed for hearing before the Hon'ble Chief Information Commissioner on 22.07 .2024. 2. It has been observed from RTI application dated 12th February,2023 (found enclosed with CIC reference dated 24th June 2024) that the applicant had requested for 'a written statement relating to the action taken and proceeding status on his various duly signed letter submissions sent (via post & e-mails) for the period from 01.01 .2022 to 12.02.2023 during which he communicated on e-mail IDs (mos3- msje@gov'in, mos [email protected], mos [email protected]). It ls clear that the above e-mail communications were sent by the applicant to the then MoSs (SJ&E). In this regard, it is pertinent to mention that out of three MoSs in MoSl&E (Shri Ramdas Athawale, MS. Prtaima Bhoumik and Shri A' Narayanswamy), 02 MoSs-Ms. Pratima Bhoumik and Shri A. Narayanswamy/ have demited the Office and presently Shri Ramdas Athawale is holding the charge of MoS (SJ&E). The Office of MoS (Shri Ramdas Athawale) has informed that the above documents are not traceable in their Office.
3, In addition, CR Section, MoSl&E has also Informed that as per records, RTI application dated 12.02.2023 and 1't Appeal dated
02.04.2023 of Shrl Naresh Mokate as mentioned in CIC reference No. CIC/MOSIEIA/ 2023/1,27472 dated 24.06.2024 have not been received in cR Section, MoSJ&E. CPIOs of this Department have also confirmed that the above RTI application dated 12.O2.2O23 and 1't Appeal dated O2.O4.2023 have not been received by them.
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4. In view of the position explained above, the applicant is requested to forward the copies of e-mails/communications sent to the then MoS (SJ&E) for the period from 01.01 .2022 lo 12.02.2023 or contents of the above e-mails/communications to this Ministry (through [email protected]) so that the required information can be provided to the applicant immediately. ..."
Facts emerging in Course of Hearing:
Appellant: Present through video-conference Respondent: Mr. Awadesh Kumar Mehta, CPIO- participated in the hearing.
The Appellant stated that the relevant information has not been provided to him till date. He reiterated the averments made in their written submission and requested to direct the PIO to furnish the information as sought.
The Respondent stated that the RTI application dated 12th February,2023 and First Appeal dated 02.04.2023 were not received in their office. He further stated that the applicant had requested for a written statement relating to the action taken and proceeding status on his various duly signed letter submissions which are not traceable in their official record. He submitted that in case the Appellant forwards the copies of e-mails/communications sent to the then MoS (SJ&E) for the period from 01.01 .2022 to 12.02.2023 or contents of the above e- mails/communications to this Ministry (through [email protected]) the required information can be provided to the applicant.
Decision:
At the outset, Commission directs the concerned PIO to furnish a copy of their latest written submission along with annexures if any, to the RTI Applicant, free of cost via speed-post and via e-mail, within 07 days from the date of receipt of this order and accordingly, compliance report be sent to the Commission.
Keeping in view the facts of the case and the submissions made during hearing, the Commission is of the view that the Appellant's queries had been appropriately answered by the custodian of information. Furthermore, the written submissions filed by the Respondent is comprehensive and self- explanatory. In the given circumstances, no further intervention of the Commission is warranted in this case under the RTI Act.
Appeal is disposed of accordingly.
Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Page 3 Authenticated true copy (अनिप्रमानणत सत्यानपत प्रनत) S. K. Chitkara (एस. के . नचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 4 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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