CIC: Information was not provided on the ground that fee was not submitted in a valid manner – CIC: The RTI Act was enacted to ensure that all the citizens should have the right to information and this right cannot not be denied merely on technical ground
1. Shri Brijmohan Sharma, filed an application under the Right to Information Act, 2005 (RTI Act) on 06.12.2013 before the CPIO, Lok Sabha Secretariat, Parliament House seeking following information.
1. How many times as a Lok Sabha Member had Ms. Sonia Gandhi and Rahul Gandhi discussed issues on price rise and unemployment from 2009 till date.
2. Whether Ms. Sonia Gandhi and Rahul Gandhi had discussed issues on poverty and unemployment of Muslim Community from 2009 till date.
3. Attendance of Ms. Sonia Gandhi and Rahul Gandhi in the Lok Sabha.
2. The CPIO’s reply, first appeal, FAA order are not available on the file. The complainant filed a complaint before the Commission on 18.02.2014.
3. The complainant Shri Brijmohan Sharma attended the hearing through video conferencing. The respondent Shri Kaushal Sarkar, CPIO and Additional Director and Shri K. Sona Deputy Secretary, Lok Sabha were present in person.
4. The complainant submitted that he did not receive any information from the CPIO, Lok Sabha Secretariat with regard to his RTI application.
5. The respondent submitted that the complainant had not paid the applicable fee of Rs.10/- as per the LSS Right to Information (Regulation of Fee & Cost) Rules. The complainant was also informed vide letter dated 05.02.2014 that his application would be processed only after the receipt of valid application. The respondent further submitted that they would provide the information to the complainant as soon as they would receive the RTI fee.
6. The Commission observes that the respondent had not provided the information to the appellant on the ground that fee was not submitted in a valid manner. The RTI Act was enacted to ensure that all the citizens should have the right to information and this right cannot not be denied merely on technical grounds. In view of this, it is expected that the CPIO should have acted in a more proactive manner.
7. The Commission directs the CPIO to provide the information, free of cost, to the complainant within a period of three weeks from the date of receipt of a copy of this order.
8. The complaint is disposed of. Copy of decision be given free of cost to the parties.
Citation: Shri Brijmohan Sharma v. Lok Sabha Secretariat in Decision No.CIC/RM/C/2014/000211/SB/