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2015 (4) TMI 1008 - Central Information Commission

2015 (4) TMI 1008 - Central Information Commission - 2015 (319) E.L.T. 446 (CIC) - RTI application - whether the respondents have provided the required information to the Complainant or not? - Held that:- As under Section 18(2) of the RTI Act, 2005, that there appears a reasonable ground to proceed further by making a proper inquiry in the matter. In view of this, the Commission feels that it would be appropriate and even justified to direct Shri Udai Singh Kumawat, Joint Secretary (Revenue), De .....

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wat, Joint Secretary (Revenue), Department of Revenue, may also depute the concerned learned First Appellate Authority and/or CPIO along with the exhaustive inquiry reports and also the complete record of the case, to present the case on behalf of respondents, before proceeding under Section 18 read with 20 of the RTI Act, 2005. In case of failure, the Commission will be left with no option but to proceed u/s 18 read with Section 20 of the RTI Act, 2005 on the basis of record made available in t .....

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nt. (III) The First Appeal (FA) is not on record. (IV) First Appellate Authority (FAA), Order is not on record. (V) Grounds for the complaint filed on 11-11-2014, are contained in the Memorandum of Complaint. Hearing Complainant as well as respondent appeared before the Commission personally and made the submissions at length. A written submission dated 20-4-2015 was also submitted on behalf of complainant. Decision It would be seen here that Shri J.K. Mittal, complainant, vide his complaint dat .....

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under the Right to Information Act, 2005 against the Respondents. (C) Pass any such other order or directing as may be deemed just and proper in the facts and the circumstance of the case. 2. It is pertinent to mention here that the complainant, vide his RTI Application dated 26-12-2013 (copy enclosed), sought information from the respondents on eight issues as contained therein. Respondents vide their responses dated 2-1-2014, 8-1-2014 (copy enclosed), transferred the complainant s RTI ap .....

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r. 3. The Commission posed a query to Ms. Himani Bhayana, Under Secretary, as to whether the respondents have provided the required information to the Complainant or not. On this very aspect, it is submitted by Ms. Himani Bhayana, that Complainant s RTI application dated 26-12-2013 does not pertain to her department but pertains to another Public Authority. However, Ms. Himani failed to point out the exact name and designation of concerned the Public Authority. 4. It is pertinent to me .....

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ses, it is mandatory on the part of Hon ble Commission to be satisfied first that there are reasonable grounds for getting the matter inquired from the O/o respondents before proceeding under Section 18 read with 20 of the RTI Act, 2005 and the main satisfaction of the Hon ble Commission seems to be the fulfillment of either criteria as mentioned under Section 18(1)(a) to (e) of the RTI Act, 2005. 6. By virtue of position above, the Commission seems to be, prima facie, satisfied under Secti .....

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