Copies of letter of Shri GE Vahanvati seeking consent of Department of Legal Affairs - applicant advised to approach the concerned departments - CIC: PIO, Ministry of Law & Justice, Dept. of Legal Affairs to reply to the appellant
17 Oct, 2013ORDER
Shri Subhash Chandra Agrawal, hereinafter called the complainant has filed the present complaint dated 28.2.2012 before the Commission against the respondent Ministry of Law & Justice, Department of Legal Affairs, New Delhi for not providing information in response to his RTI application dated 15.11.2011. The complainant was present whereas the respondent were represented by Shri R.S. Verma, Deputy Legal Adviser, Shri Lal Chand Oberai, Superintendent (Legal) and Shri Mahesh Chand, Legal Research Assistant.
2. The complainant through his RTI application dated 15.11.2011 sought information on eleven queries relating to a news-clipping from HT (29.3.2011) and his submission “Keep PM, Ministers letter out of RTI law”:
(1) Is it true that rules as per Notification by Deptt. of Legal Affairs No. F-18(1)86-Judl. Dated 1.1.1987 prohibit law officers of Union Government providing opinions to any ministry/ department of GOI or any other statuary organization or any other public-sector undertaking unless the proposal or a reference in this regard is received through the Ministry of Law & Justice, Deptt. of Legal Affairs;
(2) Did the then Solicitor General (now Attorney General) Shri GE Vahanvati seek consent of Deptt. of Legal Affairs/ any other competent authority before giving opinion in the matters as referred in letter dated 26.12.2007 by the then Union Communications Minister A. Raja to Hon’ble Prime Minister as also admitted by Office of Shri GE Vahanvati in its letter dated 29.3.2011 to Deptt. of Telecommunications;
(3) If yes, please provide copies of Shri GE Vahanvati seeking any consent of Union Law Ministry/Department of Legal Affairs/ any other competent authority etc. along with letter of consent given by Union Law Ministry/ any other competent authority etc to Shri GE Vahanvati before participating in any such discussion and/or giving opinion together with any other correspondence/file notings/ documents including copy of any note/legal opinion etc given by Shri GE Vahanvati as referred in query (2) above;
(4) Copy of the opinion etc given by Hon Attorney General Shri GE Vahanvati on the matter as referred in query (2) and (3) above;
(5) Did Attorney General Shri GE Vahanvati seek consent of Deptt. of Legal Affairs/ any other competent authority before giving opinion to Ministry of Minority Affairs on aspect of providing copies of entire communications between Prime Minister and the Ministry ever since the UPA Government came into power in the year 2009 as also referred in enclosed news-report ‘Keep PM, Ministers letters out of RTI law’ (HT 14.11.2011;
(6) If yes, please provide copies of letters of Attorney General Shri GE Vahanvati seeking any consent of Union Law Ministry/ any other competent authority etc along with letter of consent given to Attorney General Shri GE Vahanvati by Union Law Ministry/Deptt. of Legal Affairs/any other competent authority etc. together with any other correspondence/ file notings/documents including also copy of any legal opinion etc given by Shri GE Vahanvati as referred in query (5) above;
(7) Copy of the opinion given by Hon. Attorney General Shri GE Vahanvati on the matter as referred in query (5) above;
(8) Was the opinion of Hon. Attorney General on the matter as referred in query (5) above sought through proper channel like Union Law Ministry/any other competent authority etc according to rules contained in notification dated 1.1.1987 by Deptt. of Legal Affairs;
(9) If not to (2) and/or (5), action taken against Shri Vahanvati for giving opinion and/or participating in discussions etc by not seeking consent of Union Law Ministry/any other competent authority etc according to rules contained in notification dated 1.1.1987 by Department of Legal Affairs;
(10) Any other related information; and
(11) File-notings on movement of this RTI petition as well.
The CPIO vide letter No. 21(1542)/2011-IC dated 30.9.2011 provided information on Point No. 1, 2, 3, 9, 10 and 11 of the RTI application and transferred Point No. 4 to 8 of the RTI application to the Central Agency Section, Department of Legal Affairs for providing information directly to the appellant.
3. The CPIO, Central Agency Section, Deptt. of Legal Affairs vide letter No,. H-110016(1)/2006-Admn/ CAS dated 21.12.2011 returned the RTI application to the CPIO, Department of Legal Affairs stating that the information sought vide Point No. 4 to 8 was not maintained by the Central Agency Section.
4. During the hearing the complainant only contested Point No. 4 to 8 of the RTI application, which was transferred by the CPIO, Department of Legal Affairs to the CPIO, Central Agency Section and subsequently re-transferred by the CPIO, Central Agency Section to the CPIO, Department of Legal Affairs stating that the relevant information is not maintained by them.
5. The respondent CPIO states during the hearing that on receipt of RTI application from the CPIO, Central Agency Section, the CPIO, Department of Legal Affairs vide letter No. 21(1542)/2011-IC dated 6.3.2012 informed the complainant on Point No. 4 to 8 of the RTI application that the files regarding seeking advice/opinion are received in their Section from various Ministries/ Departments of the GOI and after recording the opinions on the concerned files, the same are returned to the referring Ministry/ Department. The complainant was therefore advised to approach the concerned Ministry/ Department for obtaining the information.
6. Having considered the submissions of the parties and perused the relevant documents, the Commission is of the view that the respondent Department of Legal Affairs itself has to answer these queries raised at Pont No. 4 to 8 of the RTI application, since it involves questions of following procedures and providing legal opinion through proper channel i.e. Ministry of Law & Justice, Department of Legal Affairs. Therefore, these queries have to be replied to by them. The Commission therefore hereby directs the CPIO, Ministry of Law & Justice, Department of Legal Affairs to reply to Points 4 to 8 of the RTI application to the appellant within two weeks of receipt of this order. The matter is disposed of on the part of the Commission.
(Sushma Singh)
Information Commissioner
Citation: Shri Subhash Chandra Agrawal v. Ministry of Law & Justice Department of Legal Affairs in Case No. CIC/SS/C/2012/000345