These are two appeals in File Nos. CIC/WB/A/2008/01033 & CIC/WB/A/2008/01423. In fact the second is the duplicate of the first and the two appeals, therefore, have been clubbed together for hearing and disposal. In his application of 29.2.08 to CPIO, Presidents Sectt. Shri S.C.Agrawal has sought the following information: Kindly inform me about action taken at Rashtrapati Bhawan on my letter dated 21.01.2008 addressed to Honourable President Smt. Pratibha Patil Ji (copy enclosed). Was copy of my letter sent to Prime Ministers Office and Union Law Ministry for confirming about correctness of NDTV report enclosed with my letter? If yes, kindly arrange to attach copies of correspondence made on basis of my referred letter. To this he received a response of 25.3.08 from Shri F. A. Kidwai CPIO Rashtrapati Bhawan, as follows: Your letter dated 21.01.2008 was forwarded to the Nodal Ministry
i.e. Ministry of Law and Justice, Department of Justice with a copy to Prime Ministers office on 1.2.2008 vide this Secretariat UP note No. 3(24)/2008 CA-II (copy enclosed). For further queries in this regard, you may contact the authorities to whom your letter has been forwarded as the matter pertains to his/ their jurisdiction. Not satisfied with this information, appellant Shri Agrawal moved his first appeal before Ms. Rasika Chaube, First Appellate Authority, Presidents Secretariat, with the following plea: President Secretariats note no. 3(24)/2008-CA.II enclosed with CPIOs reply dated 25.3.2008 does not mention that my correspondence on the matter was also forwarded to PMO. Further in CPIOs reply, there is no mention of any reply if received from PMO or Department of Justice on the issue. I appeal that copies of forwarding letter to PMO and of replies if any received from PMO or others may kindly be sent to me. Also my RTI petition may kindly be transferred to PMO and Department of Justice under section 6 (3) of the RTI Act as also requested in my petition. Upon this Ms. Rasika Chaube, FAA in her letter of 5.5.08 directed as follows: The CPIO is directed to send the forwarding memo to the appellant at the earliest. However, it has been confirmed by the CPIO that no reply has been received either from the Department of Justice or from the Prime Ministers office in this Secretariat. As desired by the appellant, the PIO is also directed to transfer his RTI petition to the Prime Ministers office and the Department of Justice under section 6(3) of the RTI Act. However, upon this the CPIO, Presidents Sectt. Received a response from Shri K. Gurtu, Director (Justice) & CPIO, Ministry of Law & Justice stating that the information sought by appellant was specific, asking for action taken by Rashtrapati Bhawan. His Ministry, therefore, cannot answer the principal question asked. He has, however, further submitted as follows: The photo copy of the Presidents Secretariat U.O. No. 3(24)/2006- CA.II dated 1.2.2008 is incomplete, half port is cut away. A complete UO may kindly be sent to me. Further, I may inform you that the RTI application of Shri Subhash Chandra Agarwal is being transferred on May 8, 2008 (received on May 14, 2008) whereas the RTI request is to be transferred within a period of five days only as per Section 6(3) of the RTI Act, 2005. Shri F.A. Kidwai, CPIO has responded to Dept of Justice that this transfer was made in accordance with the request of appellant Shri Agrawal in first Appeal. He has, however, enclosed the documents available with the Presidents Sectt. In his second appeal before us, the following is the plea of Shri Agrawal: I appeal that Honourable Central Information Commission may kindly decide which of the CPIOs at Rashtrapati Bhawan, PMO and Department of Justice have to respond to my RTI petition. I should be informed about action taken on my letter dated 21.01.2008 addressed to Honourable President Smt. Pratibha Patil Ji, and about correctness of NDTV report on irregularities on appointing Mr. Justice Jagdish Bhalla as Chief Justice of Himachal Pradesh by any of the CPIOs at Rashtrapati Bhawan, PMO and Department of Justice as may be ordered by Honourable Central Information Commission. All the three CPIOs may kindly be directed to provide file-notings. Any other relief in favour of petitioner as deemed fit may kindly be allowed. It is prayed accordingly. Both appeals were heard on 1.10.08. The following are present: Appellant Shri Subhash Chandra Agrawal Respondent Shri F. A. Kidwai, Dy. Secretary, President Sectt. Appellant Shri Agarwal submitted that what he would like is information on the action taken by the Ministry of Law & Justice in the Dept. of Justice and by the PMO on the application forwarded to them by Rashtrapati Bhawan. Respondent Shri F.A. Kidwai admitted that there had been a failure to supply a copy of the forwarding letter at his level which was, however, rectified together with the order of the First Appellate Authority Ms. Rasika Chaube of 5.5.08. DECISION NOTICE As pointed out by CPIO Shri K. Gurtu Director, Department of Justice in his response to the forwarding letter received from CPIO, Presidents Sectt. Of 16.5.08, as quoted above, the RTI application of 29.2.08 specifically asked for action taken at Rashtrapati Bhawan. Neither Dept. of Justice nor PMO can answer such a question. Besides this, the CPIO has provided a specific answer to this basic question of appellant by stating that the original letter stood transferred. Now, therefore, if appellant Shri Agrawal seeks to know what action those Ministries have taken on the complaint of 21.1.08, transferred to them by the Rashtrapati Bhawan, such a question must be addressed u/s 6(1) to the CPIO of the concerned public authority. In this case, however, this has not been done. The information sought by appellant having been provided in the first instance, by CPIO Shri Kidwai, with an admitted lacuna rectified at the level of first appeal, the appeals before us are unsustainable and are hereby dismissed. However, if appellant Shri Agarwal still seeks to know of the action taken on his letter of 21.1.08 forwarded to the Department of Justice by the Presidents Sectt. he may apply to the CPIO Shri S Twickly, Deputy Secretary, Department of Justice for this purpose. Announced in open hearing. Notice of this decision be given free of cost to the parties. (Wajahat Habibullah) Chief Information Commissioner 1.10.2008 Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges, prescribed under the Act, to the CPIO of this Commission. (Pankaj Shreyaskar) Joint Registrar 1.10.2008