CENTRAL I NFORMATI ON COMMI SSI ON

Complaint No.- CIC/WB/C/2007/00593 dated 18.11.07

Right to Information Act- Section 18 (1) (b)

Complainant: Shri Lal Bahadur
Respondent: Rajya Sabha Secretariat,

Facts:
The Commission has received a complaint from Shri Lal Bahadur of
Village Ganepur, Ambedkar Nagar, Uttar Pradesh that his request under RTI Act,
2005 submitted to Central Public Information Officer, Rajya Sabha Secretariat,
New Delhi has not been responded to, even though the same was duly submitted
along with the requisite fee dated 24-07-2007 seeking information regarding the
election to the post of Vice President of India of 2007.

Admitting the complaint of Shri Lal Bahadur u/s 18 (1) (b) of RTI Act, the
Commission issued a notice to the CPIO for furnishing comments on the
complaint and in response, the CPIO & Director, Shri Deepak Goyal Rajya
Sabha Secretariat submitted his comments through a letter of 5.2.09 and a copy
of the same has also been endorsed to the complainant Shri Lal Bahadur to
enable him to file a rejoinder. But no rejoinder has been received from the
complainant.

Decision

In a similar application of 17.9.2007 Dr. Lal Bahadur submitted a
complaint to this Commission against the Secretary General, Lok Sabha
Secretariat for falling to respond to an application of 28.7.2007 seeking
information in regard to Presidential Election 2007. In that case as in the present
complaint we had found that this is a case of failure of delivery of the response
sent to complainant Dr Lal Bahadur within the time mandated in Sub-section (1)
of Sec 7 by CPIO Shri K. L. Arora, Deputy Secretary, Lok Sabha Secretariat.
Because we had heard no more from the appellant Dr. Lal Bahadur, he was also
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contacted on the telephone to confirm whether he has received the copy of the
letter of 4.2.2009 together with its enclosures from the Lok Sabha Secretariat. On
this basis we have learnt that Dr. Lal Bahadur has indeed received the letter of
4.2.2009 of Deputy Secretary Shri K. L. Arora and he is satisfied with the
response. He has, however, raised the question of delay in response. In that
case the issue, however, stood explained in the letter of Shri K. L. Arora of
4.2.2009 and noted by us in our decision as it has in the present case in the letter
of Shri Deepak Goyal of 5.2.09. Information as sought now having been
supplied, no further cause of action remains for this Commission and the
complaint is, accordingly deemed disposed of.

Since the CPIO has now furnished requested information to the
complainant free of cost, the complainant is advised that he may approach the
first appellate authority u/s 19(1) of RTI Act, if the information supplied by the
CPIO does not satisfy him. If not satisfied with the information provided on his 1
st

appeal, complainant Shri Rathour will be free to move a 2
nd
appeal before us as
per Section 19(3). Since no further cause of action remains for this Commission
and the complaint is, accordingly deemed disposed of.

Announced. Notice of this decision be given free of cost to the parties.



Wajahat Habibullah
(Chief Information Commissioner)
15-05-2009

Authenticated true copy, additional copies of order shall be supplied against
application and payment of the charge prescribed under the Act to the CPIO of
this Commission.



Pankaj K. P. Shreyaskar
J oint Registrar.
15-05-2009
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