Shri R.S Raja v. (The Was Heard On Telephone)

Shri R.S. Raja, the Appellant, vide his application dated 10.2.2010 sought information from the CPIO, under the RTI Act, regarding the directions given by the Home Minister/Home Secretary on his letter dated 13.1.2010 addressed to the Home Minister. Shri Suresh Kumar, CPIO, vide his letter dated 15.3.2010 by way of reply, enclosed a copy of reply sent to the Appellant vide letter dated 9.10.2009. Not satisfied with the reply the appellant filed an appeal before the First Appellate Authority (FAA) who upheld the reply of the CPIO. Aggrieved with the reply of the FAA, the Appellant has filed the present appeal before the Commission. During the hearing the Respondent submits that the RTI application was received in their Division on 5.3.2010 and replied to on 15.3.2010. It is submitted during the hearing that the Appellant in his letter dated 13.1.2010 addressed to the Home Minister had raised questions regarding certain Constitutional provisions on which no action was required to be taken. The Appellant had raised similar queries in an earlier RTI application which had been replied to vide letter dated 9.10.2009 whereby Constitutional position had been explained to the Appellant. Since the issues were the same, the CPIO vide his letter dated 15.3.2010 has, in reply to the present RTI application, enclosed a copy of the reply dated 9.10.2009, sent in connection with earlier RTI application of the Appellant. The Appellant who was heard on telephone submits that he should have been provided a separate reply in the context of his present RTI application instead of being furnished a copy of a reply submitted by the Respondent in an earlier RTI application. Moreover, he submits, in the present RTI application he specifically seeks to know the instructions given by the Home Minister and Home Secretary on his letter dated 13.1.2010, which information the Respondent have evaded. The Respondent on the other hand reiterate that the substance of letter dated 13.1.2010 was on the issue of separate Constitution and separate flag for Jammu & Kashmir which requires no response/examination by the Respondent and therefore the Constitutional position on these issues was conveyed to the Appellant. After hearing the parties, and in view of the facts and circumstances of the present case, the Commission is of the view that complete requisite information available on record and permissible under RTI Act has been provided to the Appellant. The matter is disposed of on the part of the Commission. (Sushma Singh) Information Commissioner 5.1.2011 Authenticated true copy: (S.Padmanabha) Under Secretary & Deputy Registrar Case No. CIC/SS/A/2010/000696. Copy to:

1. Shri R.S. Raja, I26/1, Gali No.10, Birham Puri, Delhi 110053.

2. The C.P.I.O., Director (KIII), Ministry of Home Affairs, (Kashmir Division), North Block, New Delhi.

3. The First Appellate Authority, Director (K), Ministry of Home Affairs, Department of Jammu & Kashmir Affairs, North Block, New Delhi.