Central Information Commission
R S Sravan Kumar vs President Secretariat on 6 November, 2019
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/PRSEC/A/2018/619185
R S Saravan Kumar ... अपीलकताग/Appellant
VERSUS
बनाम
CPIO, President's Secretariat, ...प्रनतवािीगण /Respondent
Rashtrapati Bhawan, New Delhi
Relevant dates emerging from the appeal:
RTI : 21.02.2018 FA : 26.03.2018 SA : not dated
CPIO : 13.03.2018 FAO : 24.04.2018 Hearing : 25.10.2019
ORDER
1. The appellant filed an online application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), President's Secretariat, Rashtrapati Bhawan, New Delhi seeking information on two points pertaining to complaints regarding disqualification of law makers including, inter- alia, (i) whether any complaints were received under Article 102 or Article 191 or any other provisions of Indian Constitution for disqualification of law makers, if Page 1 of 4 yes, complete details of such complaint between 01.06.2014 to 01.02.2018 and (ii) details of action taken by the Hon'ble President on these aforementioned complaints along with the timeline if any prescribed under the Constitution of India.
2. The appellant filed a second appeal before the Commission on the grounds that the respondent has wrongly denied the information sought for under Section 8(1)(h) of the RTI Act. The appellant requested the Commission to direct the respondent to provide the information sought for by him.
Hearing:
3. The appellant, Shri R S Sravan Kumar attended the hearing through video conferencing. The respondent Shri J.G Subramanian, Deputy Secretary, CPIO, President's Secretariat, Rashtrapati Bhawan, New Delhi was present in person.
4. The appellant submitted that the respondent has erred in not furnishing the information sought for by misconstruing Section 8(1)(h) of the RTI Act 2005. In this regard, the appellant contended that the Hon'ble President shall consult the ECI and take a decision and no other investigation is warranted. Hence, the appellant requested the Commission to direct the respondent to provide the information sought for by him.
5. The respondent submitted that the appellant was informed vide letter dated 12.03.2018 that the complaints were received in the President's Secretariat under Article 102 and 191 of the Constitution of India and advice was sought from the Election Commission of India on behalf of the President. As regards the details of such complaints, the respondent admitted that the same is available on the website Page 2 of 4 of the Department of Legal Affairs. The respondent, therefore, admitted that due to oversight, proper reply has not been provided to the appellant. The respondent tendered his unconditional apology for this lapse and requested the Commission to condone the same.
Decision:
6. The Commission, after hearing the submissions of both the parties and perusing the records, observes that though a reply dated 13.03.2018 has been furnished to the appellant, correct and complete information has not been provided to the appellant. In view of this, the Commission directs the respondent to revisit the RTI Application and provide a revised reply to the appellant within a period of four weeks from the date of receipt of a copy of this order under intimation to the Commission.
7. With the above observations, the appeal is disposed of.
8. Copy of the decision be provided free of cost to the parties.
Sd/-
Sudhir Bhargava (सुधीर भागगव) Chief Information Commissioner (मुख्य सूचना आयुक्त) दिनांक / Date 05.11.2019 Authenticated true copy (अनभप्रमानणत सत्यानपत प्रनत) S. S. Rohilla (एस. एस. रोनिल्ला) Dy. Registrar (उप-पंजीयक) 011-26186535 / [email protected] Page 3 of 4 Addresses of the parties:
1. The First Appellate Authority (FAA) President's Secretariat, RTI Section, Rashtrapati Bhawan, New Delhi-110004
2. The Central Public Information Officer (CPIO) President's Secretariat, RTI Section, Rashtrapati Bhawan, New Delhi-110004
3. R S Sravan Kumar Page 4 of 4