Central Information Commission
Shri Vihar Durve vs Rajya Sabha Secretariat, New Delhi. on 4 March, 2010
CENTRAL INFORMATION COMMISSION
Complaint No.- CIC/WB/C/2009/000468 dated: 28.10.'09
Right to Information Act- Section 18
Complainant: Shri Vihar Durve
Respondent: Rajya Sabha Secretariat, New Delhi.
Decision Announced 4.3.'10 The Commission has received a complaint from Shri Vihar Durve of Pune, Maharashtra praying as follows:-
"...Direct Central Public Information Officer Shri Deepak Goyal, Rajya Sabha Sectt. Parliament House, New Delhi to furnish me Copy of Report of Department Related Parliamentary Standing Committee on Personnel Public Grievances Law and Justice had examined the subject "Implementation of RTI Act" along with the action taken by Dept. of Personnel & Training (appropriate Dept) of Govt. of India."
That request seeking copy and report of action taken by DoPT thereon of 'Erendra Kumar Committee' for implementation of RTI Act in India including relevant details together with some other related information was originally moved through an application of 18.07.2009 before the Central Public Information Officer, Department of Personnel & Training, New Delhi. In his response of 20.08.2009, CPIO Shri R. K. Girdhar, Under Secretary, DoP&T provided some information to the complainant which was under his custody and for the rest, transferred the application to the CPIO, Rajya Sabha Secretariat and Department of Post, New Delhi u/s 6(3) of the RTI Act, as they were, as he stated, the custodians of that information. Thereafter, a response dated 28.08.2009 was received by the complainant from CPIO, Shri Deepak Goyal, Director, Rajya Sabha Secretariat informing the complainant "No Committee by the nomenclature of 'Erendra Kumar Committee' is in existence in the Rajya Sabha Secretariat. However, the Department Related Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice has examined the subject "Implementation of RTI Act" and the Report on the subject has not yet 1 been presented to Parliament. As per Parliamentary convention the details of the matter pending before the Parliamentary Committee can not be shared till its report is presented to Parliament". The complainant on finding the response of the CPIO, Rajya Sabha Secretariat, incorrect, incomplete & misleading has approached this Commission. He has not, however, moved an appeal u/s 19(1) of the Act before the first appellate authority of the Rajya Sabha Secretariat us 19 (1).
st Because the 1 appellate authority has not addressed the questions of complainant, which are of direct concern to his public authority and the complainant has pleaded no ground for making a direct complaint before us, the Commission has decided to remand this complaint to the First Appellate Authority, Shri N. C. Joshi, Secretary, Rajya Sabha Secretariat, New Delhi to dispose of the complaint of Shri Vihar Durve treating it as a 1st appeal u/s 19(1) of the RTI Act, within ten working days of the date of receipt of this Decision Notice, under intimation to Shri PKP Shreyaskar, Joint Registrar, Central st Information Commission. If not satisfied with the information provided on his 1 nd appeal, complainant Shri Vihar Durve will be free to move a 2 appeal before us as per Sec 19 (3).
Announced this fourth day of March, 2010. Notice of this decision be given free of cost to the parties.
(Wajahat Habibullah) Chief Information Commissioner) 04.03.2010 Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges prescribed under the Act to the CPIO of this Commission.
(PK Shreyaskar) Jt. Registrar 04.03.2010 2