े न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi – 110067
नितीय अपील संख्या / Second Appeal No. CIC/JUSTC/A/2017/150108
Yogesh Mahajan … अपीलकताग/Appellant
VERSUS
बनाम
CPIO, Ministry of Home Affairs,
North Block, New Delhi
…प्रनतवािीगण /Respondents
Relevant dates emerging from the appeal:
RTI : 05.05.2016 FA : 13.06.2016 SA : 19.07.2017
CPIO : No reply FAO : No order Hearing : 28.03.2019
O R D E R
1. The appellant filed an application under the Right to Information Act, 2005
(RTI Act) before the Central Public Information Officer (CPIO), Department of
Justice, Ministry of Law & Justice, New Delhi seeking information on two points
pertaining to his representation relating to the empirical study on misuse of the
provisions of Section 498 A of the Indian Penal Code, sent by email dated
04.04.2016, including, inter-alia, (i) the status and action taken on his representation
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and (ii) a copy of documents showing the action taken by the Jt. Secretary (Judicial)
on his representation. The RTI application was transferred to the CPIO, Ministry of
Home Affairs, Govt. of India, New Delhi on 09.05.2016.
2. The appellant filed a second appeal before the Commission on the grounds
that no information has been provided by the CPIO. The appellant requested the
Commission to direct the CPIO to provide the information sought for.
Hearing:
3. The appellant was not present despite notice. The respondent Shri Lokesh C.
Singh, Section Officer, Judicial Division, Ministry of Home Affairs (MHA), New
Delhi was present in person.
4. The respondent submitted that no information could be provided to the
appellant within the stipulated time as the RTI application dated 05.05.2016 as well
as the appellant’s representation dated 04.04.2016 were not received in Judicial
Division, MHA, New Delhi. Subsequently, the matter was brought to his notice only
on receipt of another RTI application dated 30.07.2017 from the appellant. The
CPIO vide letter dated 04.09.2017 requested the appellant to provide a copy of his
representation dated 04.04.2016. The appellant provided a copy of the above said
representation to them vide email dated 01.04.2018. He stated that the action taken
on the appellant’s aforesaid representation was provided to the appellant vide letter
dated 08.05.2018.
Decision:
5. The Commission, after hearing the submissions of the respondent and
perusing the records, observes that the RTI application dated 05.05.2016 was 
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submitted online to the CPIO, Department of Justice, Ministry of Law & Justice,
New Delhi. It was also transferred online to the CPIO, Ministry of Home Affairs,
Govt. of India, New Delhi on 09.05.2016. Hence, it is apparent that the RTI
application was received in the O/o the CPIO, Ministry of Home Affairs, Govt. of
India, New Delhi. Further, the appellant in his RTI application stated that the
representation dated 04.04.2016 was also sent to the Judicial Division on email id
jsjud-mha@nic.in. However, as per the respondent, the RTI application dated
05.05.2016 as well as the appellant’s representation dated 04.04.2016 were not
received in Judicial Division, MHA, New Delhi. In view of this, it is imperative to
ascertain the facts leading to the misplacement of the RTI application dated
05.05.2016 as well as the representation dated 04.04.2016 filed by the appellant. The
Commission, therefore, directs the First Appellate Authority, MHA, New Delhi to
inquire into the matter of the ‘missing’ RTI application and the said representation
and to ascertain as to whether the RTI application and the representation were
actually not received or the CPIO had taken that plea to deny information to the
appellant. The FAA shall also, if required, take appropriate departmental action
against the officers/officials responsible for the misplacement of the RTI application
and the representation. A copy of the inquiry report along with the action taken report
may be provided to the Commission as well as to the appellant within a period of six
weeks from the date of receipt of a copy of this order.
6. The Commission further observes that no reply in response to the RTI
application was furnished to the appellant by the respondent. In view of this, the
Commission directs the respondent to provide complete and correct information to 
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the appellant within a period of four weeks from the date of receipt of a copy of this
order under intimation to the Commission.
7. With the above observations, the appeal is disposed of.
8. Copy of the decision be provided free of cost to the parties.
Sd/-
Sudhir Bhargava (सुधीर भागगव)
Chief Information Commissioner (मुख्य सूचना आयुक्त)
दिनांक / Date 29.03.2019
Authenticated true copy
(अनभप्रमानणत सत्यानपत प्रनत)
S. S. Rohilla (एस. एस. रोनिल्ला)
Dy. Registrar (उप-पंजीयक)
011-26186535 / do.cicsb@cic.nic.in
Addresses of the parties:
1. The First Appellate Authority (FAA)
Ministry of Home Affairs
North Block, Cebtral Secretariat
New Delhi-110001
2. The Central Public Information Officer (CPIO),
Ministry of Home Affairs
North Block, Cebtral Secretariat
New Delhi-110001
3. Shri Yogesh Mahajan