Central Information Commission
Mr.Sandeep Maheshwari vs Ministry Of Consumer Aff., Food, And ... on 5 December, 2013
Central Information Commission
Room No.4, Club Building,
Old JNU Campus, New Delhi 110 067.
Tel No: 011 26106140
Decision No.CIC/VS/A/2013/000265/05616
Appeal No. CIC/VS/A/2013/000265
Dated: 05.12.2013
Appellant: Shri Sandeep Maheshwari
S/o R.C. Maheshwari
C1A42, B, MIG Flats, Janakpuri
New Delhi110058
Respondent: Central Public Information Officer
Ministry of Consumer Affairs
Delhi State Consumer Dispute Redressal Commission
Vikas Bhawan, IP State
New Delhi
Date of Hearing: 05.12.2013
ORDER
Facts
1. The appellant filed an application dated 13.12.2011 under the RTI Act, seeking copies of final order of a case, district forum order and copy of revision petition. CPIO responded on 12.01.2012. Appellant filed first appeal before the first appellate authority (FAA) on 30.01.2012. FAA vide order dated 24.02.2012 upheld the decision of the CPIO. Appellant filed this present second appeal on 15.03.2012.
Hearing
2. Appellant and respondent were present before the Commission.
3. Appellant referred to his RTI application and stated that he was seeking copies of final order of a case, district forum order and copy of revision petition.
4. Appellant stated that he was seeking the information regarding his own case. Appellant stated that the documents provided by the respondent were not certified and therefore, there would be no legal value.
5. Appellant stated that he had annexed an order in original in a revision petition filed by him before the State Commission as per rule. Appellant stated that he wanted to have the original order submitted by him.
6. Appellant stated that there was no justification for keeping the original order by the State Commission which should be returned to him.
7. Respondent stated that they had provided the document sought by the appellant in the RTI application but the original could not be parted with as it was the record for the State Commission as per rule.
8. FAA in the order dated 05.03.2012 stated that the appellant had misunderstood the provision of RTI Act. The copies desired to be supplied could be collected from the Commission as all the judicial records and its inspection or copies could not be denied to the applicant as per rules. There was a procedure in place for issue of such copies/certified copies and the appellant could have adopted that route to procure the documents. To seek their documents through RTI is misuse of the Act.
9. Respondent stated that the appellant could always apply for certified copies of the order from the concerned source and it would be considered as original document.
Decision
10. Respondent must provide to the appellant within 30 days of this order the documents sought in the RTI application.
The appeal is disposed of. Copy of decision be given free of cost to the parties.
(Vijai Sharma) Information Commissioner Authenticated true copy:
(V.K. Sharma) DO & Deputy Registrar