Ms. Daya Pyari Gupta vs Ministry Of Home Affairs, (Mha) on 29 October, 2009
Clearly since Ms. Joshi had not received the initial application, she
cannot be held liable for penalty. Besides, from the response of Ms. Joshi it
is also clear that the movement of the whole process has been convoluted
with a lack of focus as to which Department was dealing with this matter. We
have had occasion earlier, notably in Adjunct to Appeal No.
CIC/WB/A/2008/00939 Ms Hiteshi Arora vs. DoPT announced on 27.10.'09,
to refer the matter to Secretary DoPT to review the process of receipt of
application and access to information in order to bring his Ministry which is
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the nodal Ministry in the Government of India for Right to Information in full
compliance with Section 4 (1) (a), which mandates that every public authority
"shall maintain all its records duly catalogued and indexed in a manner and
form which facilitate the Right to Information". This advice is reiterated in this
appeal. There is no further action called for on this complaint, which now
stands addressed.