CENTRAL INFORMATION COMMISSION (Room No.315, BWing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi 110 066) CIC/SA/C/2013/000014 Complainant : R.K.Jain Respondent : Department of Legal Affairs Date of hearing : 13.102014 Date of decision : 14.10.2014 Information Commissioner : Prof. M. Sridhar Acharyulu (Madabhushi Sridhar) Referred Sections : Section RTI Act Result Complaint allowed/ : 18 of the Disposed of Heard on 13.10.14. Complainant present. Respondent is represented by Shri K.Ginkhan Thang, Ms.Asha Sota. Shri Amarjeet Singh and Shri Arijit Prasad represented Central Agency Section, Supreme Court 2. The Paras 5, 6 and 7 of the order of even No. dt.25.9.14 is reproduced below: ‘5. During the hearing, the Complainant submitted that his RTI application dt.25.3.13 was deliberately, malafidely and without any authority transferred to CPIO, Central Agency Section who admittedly did not hold the information by Ms.Asha Sota which caused multiple proceedings and inordinate delay. According to him the information sought was related to the Office of Attorney General of India and Solicitor General of India which are admittedly under the administrative control of Department of Legal Affairs. He also alleged that Ms.Asha Sota had illegally assumed the charge of the CPIO and as per Section 5(2) of the RTI Act, the job of the CAPIO is limited to receive the applications for information or appeals. He added that because of her illegal and malafide acts, Ms.Asha Sota has caused a delay of more than 180 days and information sought has not been received. He also alleged that had Ms.Asha Sota transferred the RTI application to Department of Legal Affairs, the delay could have been avoided and she deliberately did not do so, which resulted in multiple proceedings. 6. Ms.Asha Sota submitted that Complainant is in the habit of filing numerous RTI applications and it has become difficult to handle and that is why Complainant was asked to inspect the records. The Complainant refuted by asking the Respondent to produce the proof of inviting the Complainant to inspect the records. Ms. Asha Sota also stated that the Complainant files several RTI applications on the same subject on several angles to several persons. She further stated that whole of the department was confused as to what to write/reply, as any reply by them may be construed in a different way, she again reiterated that she had nothing to hide and that the Complainant can inspect the record at any time. With regard to the complaint that she was responding to the RTI applications instead of CPIO, she stated that after the Commission’s decision in case No.CIC/SS/C/2013/000308 dt.21.10.13, she stopped responding to the RTI applications. 7. The Commission directs both the parties to file written submissions and to appear before the Commission on 13th October, 2014 at 12.00 Noon.’ 3. The Commission took on record the submissions made by both parties. The Respondent is directed to provide a copy of the submissions made by them to the Complainant. 4. The Respondent from Central Agency Section submitted that they are only a post office and files coming from the Department are sent to the counsel for drafting and later the files are forwarded to the concerned Department. It is his submission that as the files had come from Department of Revenue Intelligence, the RTI application was transferred to them. The Complainant on his part submitted that RTI application was filed with Department of Legal Affairs and they in turn transfers the RTI application to others. He requested the Commission to implead the following persons in the case viz. Shri B.K.Prasad, CPIO, Central Agency Section; Shri Nirmal Singh, Former Director & CPIO, D/o Legal Affairs and Shri Ravinder Kumar, CPIO & Dy. Secretary. It is also his prayer that appeal No.CIC/SA/A/2014/000555 relating to the same RTI application be disposed of together. 5. The Commission after hearing the submissions made adjourns the hearing to 14th November, 2014 at 2.30 P.M. 6. The Registry is directed to include the file No.CIC/SA/A/2014/000555 in the cause list for the hearing to be held on 14th November, 2014 at 2.30 P.M 7. Ms.Asha Sote is directed to forward a copy of this order along with the earlier order dt.25.9.14 and the RTI application to Shri B.K.Prasad, CPIO, Central Agency Section; Shri Nirmal Singh, Former Director & CPIO, D/o Legal Affairs and Shri Ravinder Kumar, CPIO & Dy. Secretary with the direction to be present for the hearing to be held on 14th November, 2014 at 2.30 P.M 8. Hearing adjourned to 14th November, 2014 at 2.30 P.M Sd/ (M. Sridhar Acharyulu) Information Commissioner Authenticated true copy (Babu Lal) Dy. Registrar