Central Information Commission
Mr.Kapoor Shankar Maan vs Ministry Of Law And Justice on 12 July, 2012
Central Information Commission
Room No. 305, 2nd Floor, 'B' Wing, August Kranti Bhavan,
Bhikaji Cama Place, New Delhi110066
Web: www.cic.gov.in Tel No: 26167931
Case No. CIC/SS/A/2012/000978
Dated: 12.07.2012
Name of Appellant : Shri Kapoor Shankar Maan
Name of Respondent : Ministry of Law & Justice,
Legislative Department
Date of Hearing : 02.07.2012
ORDER
Shri Kapoor Shankar Maan, the appellant has filed this appeal dated 30.12.2011 before the Commission against the respondent Ministry of Law & Justice, Legislative Department, New Delhi for not providing information in reply to his RTI application dated 31.7.2011. The matter came up for hearing on 02.07.2012. The appellant was absent whereas the respondent were represented by Shri Jose Thomas, Deputy Secretary & CPIO and Shri R.S. Jaya Krishnan, ACPIO.
2. The appellant filed an application dated 31.7.2011 under the provisions of the RTI Act, 2005 in which he sought copies of the following Orders/Acts "(1) Constitution (Scheduled Castes) Order, 1950; (2) Constitution (Scheduled Tribes) Order, 1950; (3) Constitution (Scheduled Castes) (Union Territories) Order, 1951, (4) Constitution (Scheduled Tribes) (Union Territories) Order, 1951; and (5) The Scheduled Castes and Scheduled Tribes Order (Amendment) Act, 1956 (63 of 1956)". The CPIO vide his reply No. 8(28)/2011-RTI dated 12.8.2011 informed the appellant that the total numbers of pages to be provided is 78 and 2 Case No. CIC/SS/A/2012/000978 the fee for the same is @ Rs. 2/- per page. As the appellant has already submitted the application fee of Rs. 10/- plus an additional fee of Rs. 60/-, he was requested to send an amount of Rs. 96/- by way of IPO, favouring CPIO, Legislative Department, Ministry of Law & Justice, New Delhi so that the documents as requested by him could be sent.
3. Not satisfied with the reply of the CPIO, the appellant filed first appeal on 18.10.2011. The FAA vide his order No. 57/2011 (F. No. 8(28)/2011-RTI dated 13.12.2011, while disposing of the first appeal, gave the following directions to the CPIO: "However, since the appellant has already deposited an amount of Rs. 60/- in advance, CPIO is directed to forward to the appellant (1) Copy of the Constitution (Scheduled Castes) Order 1950 (20 pages) and (2) Constitution (Scheduled Tribes) Order 1950 (14 pages). Although the total amount involved in this regard ids Rs. 68/- against Rs. 60/- already deposited by the appellant, 8 pages of the document may be furnished to him free of cost, keeping in view the delay in the matter. It is also observed that the appellant has enclosed along with the appeal a photocopy of the courier agencies acknowledgement receipt, but this is not conclusive proof of the letter enclosing the IPOs having been delivered in the Legislative Department. The appellant may, therefore, obtain proof of the delivery of the impugned letter containing the IPOs to the Legislative Department from his courier agency and forward the same to this Department. Alternatively, he may deposit the balance amount of Rs. 88/- constituting the cost of the rest of the documents (44) pages) requisitioned by him to enable this Department to supply the said documents." The CPIO vide his letter dated 13.12.2011 has complied with the directions of the FAA.
4. A perusal of the document of the private courier agency, reveals that the letter has not been properly addressed to the Ministry of Law & Justice, which is perhaps the reason why the IPO has not reached the CPIO. A perusal of the CPIO's letter dated 12.8.2011 shows that the CPIO had requested the appellant to submit an extra amount of Rs. 96/- by way of IPO in favour of CPIO, 3 Case No. CIC/SS/A/2012/000978 Legislative Department, Ministry of Law & Justice, New Delhi for obtaining the required documents. The Commission is of the opinion that complete and correct address has not been communicated by the then CPIO. The only reason that the IPO has not reached the respondent is due to the reason that complete address has not been communicated by the CPIO. Under the circumstances, the Commission is of the view that it is not the fault of the appellant that the IPO has not been duly received by the Department. Therefore, the CPIO is hereby directed to provide authenticated copies of the documents to the appellant free of cost within two weeks of receipt of this order.
.
The matter is disposed of with the above directions.
(Sushma Singh) Information Commissioner Authenticated true copy:
(K.K. Sharma) OSD & Deputy Registrar Address of the parties:
Shri Arbind Kumar, Advocate Vikas Nagar, Jagjivan Nagar P.O., Saraidholla, Dhanbad-826001. (Jharkhand) The CPIO, Ministry of Law & Justice, Legislative Department, Shastri Bhawan, New Delhi-110001.
The First Appellate Authority, Ministry of Law & Justice, Legislative Department, Shastri Bhawan, 4 Case No. CIC/SS/A/2012/000978 New Delhi-110001.