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Central Information Commission

Arjun Verma vs Central Vigilance Commission on 7 April, 2021

Author: Saroj Punhani

Bench: Saroj Punhani

                               के ीय सूचना आयोग
                        Central Information Commission
                            बाबागंगनाथमाग, मुिनरका
                         Baba Gangnath Marg, Munirka
                         नई द ली, New Delhi - 110067


File No : CIC/CVCOM/A/2019/132477

Arjun Verma                                              ......अपीलकता/Appellant


                                      VERSUS
                                       बनाम

CPIO,
Central Vigilance Commission,
RTI Cell, Satarkta Bhawan,
GPO Complex, Block A INA,
New Delhi-110023                                   .....   ितवादीगण /Respondent


Date of Hearing                   :   07/04/2021
Date of Decision                  :   07/04/2021

INFORMATION COMMISSIONER :            Saroj Punhani

Relevant facts emerging from appeal:

RTI application filed on          :   28/03/2019
CPIO replied on                   :   04/04/2019
First appeal filed on             :   15/04/2019
First Appellate Authority order   :   26/04/2019
2nd Appeal/Complaint dated        :   09/07/2019




                                        1
 Information sought

and background of the case:

The Appellant filed an RTI application dated 28.03.2019 seeking information as under:
1. "Present status of CVC letter dated 018/DPT/031/394709 dated 13.09.2018.

Copy of the investigation report as asked from Shri Ajay Kumar Mishra CVO % CGDA be furnished.

2. The same matter was reminded on 25.01.2019 but till date no reply has been furnished.

3. As per charter of duties how much time is required to dispose off such complaint cases which are pending in CVC since long."

The CPIO provided a point-wise reply to the appellant on 04.04.2019 stating as follows:-

"Para 1 & 2:- It is intimated that your complaint dated 16.07.2018 was sent to CVO, CGDA for investigation and report vide Commission's O.M. No. 018/DEF/031 dated 12.09.2018. Investigation report in the matter is awaited from CGDA. A reminder has been sent to CVO, CGDA on 26.02.2019 for expediting the investigation report.
Para 3:- As per existing guidelines, investigation report is to be furnished by the concerned department within a period of 12 weeks."

Being dissatisfied, the appellant filed a First Appeal dated 15.04.2019. FAA's order dated 26.04.2019 upheld the reply of CPIO.

Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.

Relevant Facts emerging during Hearing:

The following were present:-
Appellant: Not present.
Respondent: Ajay Kanoujia, Director & CPIO present through audio conference.
The CPIO submitted that the available information was provided to the Appellant and as on date the averred complaint has been closed.
2
Decision The Commission observes from a perusal of the facts on record that the factual information provided by the CPIO on 04.04.2019 adequately suffices the queries raised in the RTI Application.
Nonetheless, since the Appellant has neither specified his point of dissatisfaction with the CPIO's reply in the grounds of the Second Appeal nor has he availed of the opportunity to plead his case, keeping in view of the submissions of the CPIO during the hearing, the Commission directs the CPIO to provide a revised reply to point no.1 of the RTI Application indicating the updated status of the action taken on the averred Complaint to the Appellant, free of cost, within 15 days from the date of receipt of this order. A compliance report to this effect shall be duly sent to the Commission by the CPIO.
The appeal is disposed of accordingly.
Saroj Punhani (सरोजपुनहािन) Information Commissioner (सूचनाआयु ) Authenticated true copy (अिभ मािणत स यािपत ित) (C.A. Joseph) Dy. Registrar 011-26179548/ [email protected] सी. ए. जोसेफ, उप-पंजीयक दनांक / 3