CENTRAL INFORMATION COMMISSION Club Building (Near Post Office) Old JNU Campus, New Delhi Tel:

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Millicent Newton
5 years ago
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1 Relevant Facts emerging from the Appeal CENTRAL INFORMATION COMMISSION Club Building (Near Post Office) Old JNU Campus, New Delhi Tel: Appellant : Mr. D.K.Bhaumik C9, Vidyasagar, Sarani Kolkata Decision No. CIC/SG/A/2012/001116/19139 Appeal No. CIC/SG/A/2012/ Respondent : Mr. Pankaj Shreyaskar, Director & CPIO Central Information Commission 2 nd Floor, B Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi RTI application filed on : 16/08/2011 PIO replied : 23/09/2011 First Appeal : 28/10/2011 First Appellate Authority order : 30/11/2011 Second Appeal received on : 03/04/2012 S.No Queries Reply of CPIO 1 Section number of the RTI Act 2005 and/or rule number of the CIC (Appeal Procedure) Rules 2005 under which the Central Information commissioner Shri M.L. Sharma disposed of 5 (five) RTI second appeals bearing File Nos. CIC/LS/A/2010/LS/A/2010/001604, CIC/LS/A/2011/001049, CIC/LS/A/2010/001741, CIC/LS/A/2011/ and CIC/LS/A/2011/ by a common order dated 12/07/2011; The file no. CIC?LS/A/2011/00407 was inadvertently mention in the common order dated 12/7/2011. The said file has since been deleted vide corrigendum dated 6/ the remaining file under reference were disposed of by a common Order wherein issues pertaining to each File (Appeal) have been dealt with separately and appropriate orders passed. It is stated that the Central Information Commission is a quasi judicial authority and functions as the apex appellate authority in RTI matters. Its functions are adjudicatory in nature and all Benches of the Commission pass orders on merits on the appeals tiled before them. The orders passed by the Benches speak for themselves. No clarification can be sought by the applicant in regard thereto. If an applicant is dissatisfied with the decision of (he Commission, he is at liberty to seek available legal recourse. It may be added that,,generally speaking, an opportunity of hearing is given to the parties but this can be dispensed with, if the issues raised before the Commission are frivolous, as per the discretion of the Bench. Page 1 of 5

2 2. Specific reasons for the action, mentioned in para 4(a) above; 3 Section number of the RTI Act 2005 and/or rule number of the CIC (Appeal Procedure Rules 2005 under which the Central Information commissioner Shri ML. Sharrna disposed of the applicant s RTI second appeal dated 11/10/2010 bearing File No. CIC/LS/A/2010/ by a common order dated 12=07=2011 on the basis of the submission made on behalf of the National Library in complete absence of its any locus standi since the National Library or any of its officers has never been a party to the proceeding, and the applicant s RTI second appeal dated 11=10=2010 Was preferred against (i)_the letter bearing Dy. No, 365/RTI/10-11/SCI dated , issued by the the Supreme court of India in reply to the applicant s RTI application dated 25=05=2010, and (ii) the order dated 01=09=2010, passed by the FAA of the Supreme court of India in response to the applicant s RTI first appeal dated 28/07/ Specific reasons for the action, mentioned in para 4(c) above; 5. Specific reasons for the Central Information CIC/LS/A/2011/ by a common order dated rule 7(1) read with rule 6 of the CIC (Appeal 6. Specific reasons for the central Information CIC/LS/A/2010/ by a common order dated rule 7(1) read with rule 6 of the CIC (Appeal 7. Specific reasons for the central Information CIC/LS/A/2011/ by a common order dated Page 2 of 5

3 rule 7(1) read with rule 6 of the CIC (Appeal 8. Specific reasons for the central Information CIC/LS/A/2011/ by a common order dated 12/07/2011 especially when by the notice of the hearing dated 12/07/2011, the deputy registrar of CIC Shri K.L.Das informed the applicant that the appeal has been listed for hearing for 14/07/2011 at 12:50 hours and not on 12/07/ The dates of (1) RTI application, (2) CPIO s reply with number, (3)RTI first appeal, (4) FAA s decision with number, and (5) RTI second appeal with names of the appellant and the respondents in File No. CIC/LS/A/2010/001741; The dates of (1) RTI application, (2) CPIO s reply with number, (3)RTI first appeal, (4) FAA s decision with number, and (5) RTI second appeal with nanes of the appellant and the respondents in File No. CIC/LS/A/2010/ specific reasons for the central Information commissioner shri M.L, Sharma a disposal of the said 5 (five) RTI second appeals by a common order dated 12/07/20l1 especially when the said 5 (five) RTI second appeals have separate and different causes of action 12. specific reasons for the Central Information conmissioner shri M L, sharma s disposal of the said 5 (five) RTI second appeals a non speaking common order dated 12=07=2011 without providing reasons in violation of the principles of natural justice and section 4(1)(d) of the RTI Act 2005; 13. section number of the RTI Act 2005 and/or rule number of the CIC (Appeal Procedure) Rules 2005 under which the Central Information Commissioner shri M.L. sharma alone decided the said 5 (five) RTI second appeals, all addressed to the central Information comission, by a common order dated 12/07/2011 especially when according to section 12(2) of the RTI Act 2005, the central Information commission shall consist of (a) the chief Information Commissioner, and (b) such number of central Information commissioners, not exceeding ten, as Date of RTI application 06/04/2010, CP1O reply s No. 92/RTI/10-11/SCI dt:10/05/2010, Name of The CPIO Shri Raj Pal Arora, Addl. Registrar, Supreme Court of India. Date of First Appeal 19/05/2010 and Appellate Authority reply s No. 222 of 2010 dated: 18/06/2010 Name oldie Appellate Authority Sh. Sunif Thomas. Date 02nd appeal. 15/09/2010 This file was inadvertently mentioned in the order which has since been deleted. Page 3 of 5

4 may be deemed necessary; 14. A clear and legible certified photocopy of the order of the CIC by which the said 5 (five) RTI second appeals were assigned to the Central Information Commissioner Shri M.L. sharma for disposal; 15. whether there is any scope of recall of the common order dated 12/07/20l1, passed by the Central Information commissioner Shri ML, Sharma in the said 5 (five) RTI second appeals and if yes, the details thereof; 16. Full name and date of birth of the central Information commissioner Shri M.L. Sharma, as also all examinations passed by him with years of passing and full names of the board, council and University(ies); 17. Clear and legible certified photocopies of the proof of date of birth of the central Information commissioner shri ML. Sharma, as also all admit cards, marks sheets and certificates of all examinations passed by him; 18. A clear and legible certified photocopy og the letter of appointment nt by which the central Information commissioner Shri M.L. Sharma has been appointed u/s 12(3) of the RTI Act 2005; 19. Whether the CPIO has sought the assistance of the central Information commissioner shri M.L. sharma u/s 5(4) of the RTI Act 2005 in dealing with this RTI application 20. Full names and full designations of all officers, including Central Information commissioners, whose assistance has been sought by the I0 u/s 5(4) of the RTI Act 2005 in dealing with this RTI application; 21. clear and legible certified photocopies of all office notes and all file notings made by the officials of the CIC, including the Chief Information commissioner and the Central Information commissioners in connection with this RTI application. All the matters concerning National Library, Kolkata were assigned to Hon ble Central Information Commissioner, Shri. M.L. Sharma as pet internal arrangement of the Commission There is no provision for recall of the order of CIC The information is displayed on the Commission s website. viz cic.gov.in This information is not held by the Commission. A copy of the notification is enclosed. The CPIO cannot seek assistance of the Hon bje Commissioner Shri Ml Sharma as the latter is not an officer of the Commission within the meaning of Sec. 5(4) ofthe Rigit to Information Act, No assistance sought There is no file noting. Grounds for the First Appeal: Unreasonable reply by PIO. Order of the FAA: FAA said that on going through the petition, it is seen that the appellant has raised the objections on the decision of the Commission to which the CPIO has rightly informed the CIC is a quasi judicial authority and functions as Apex Appellate Authority in RTI matters. Its functions are adjudicatory in nature and the order passed on merits by the Benches of the Commission. The order passed by the Benches speak for themselves and no clarification can he sought by the applicant in this regard. He also informed the appellant that if an applicant is dissatisfied with the decision of the Commission, he is at liberty to seek available legal recourse. Besides, the appellant is not clear as to how the reply is incorrect, incomplete and misleading. I find that the Page 4 of 5

5 response given by CPIO does not need any interference. However as per request of the appellant a copy of the Notification of appointment of Shri M L Sharma as Central Information Commissioner is enclosed. Grounds for the Second Appeal: Unsatisfactory reply by PIO and FAA as well. Relevant Facts emerging during Hearing: The following were present Appellant: Absent; Respondent: Mr. Pankaj Shreyaskar, Director & CPIO; and Mr. D. C. Singh, PIO; The PIO states that the information available on the records has been provided to the appellant. The appellant appears to be seeking certain clarifications regarding decisions of the Commission. The PIO is expected to give information available on the records and not authorized to clarify or interpret any decisions or rules. Decision: The Appeal is disposed. The information available on the records appears to have been provided. This decision is announced in open chamber. Notice of this decision be given free of cost to the parties. Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act. (In any correspondence on this decision, mention the complete decision number.) (ss) Shailesh Gandhi Information Commissioner 29 May 2012 Page 5 of 5

Instructions concerning the right to study

INSTRUCTIONS 1(10) THE RIGHT TO STUDY Instructions concerning the right to study 1. Purpose of the instructions 2. Application procedures 3. Transfer applications 4. Compulsory annual registration 5. Maximum