Decisions taken in the first meeting of the Cabinet held on 15.8.1947 - PMO transferred the RTI application u/s 6(3) to Cabinet Secretariat which in turn transferred it to National Archives - CIC: national archives to provide information, if available
23 Mar, 2014
Decisions taken in the first meeting of the Cabinet of first PM of India Nehru held on 15.8.1947 - PMO transferred the RTI application u/s 6(3) to the Cabinet Secretariat which in turn transferred it to National Archives - FAA: available records mention about two subjects discussed in the first meeting of the Cabinet though documents are not available in the file register - During hearing before the CIC, the PIO informed that cabinet discussed the India’s Independence (Rights, Property and Responsibility) Order and Appeal to the citizens of India to maintain peace - CIC: national archives to provide information if records are available
ORDER
Shri Nityanand Mishra, hereinafter called the appellant, has filed the present appeal dated 17.4.2013 before the Commission against the respondent Cabinet Secretariat, New Delhi for not providing satisfactory information in response to his RTI application dated 24.12.2012. The appellant was absent. The respondent were represented by Shri Shashi Valiathan, Under Secretary/ CPIO.
2. The appellant through his RTI application dated 24.12.2012 addressed to the CPIO, PMO, sought information relating to decisions taken in the first meeting of the Cabinet of first Prime Minister of India Pt. Jawahar Lal Nehru held on 15.8.1947. The CPIO, PMO vide letter No. RTI/5809/2012-PMR dated 31.12.2012 transferred the RTI application u/s 6(3) of the RTI Act to the CPIO Cabinet Secretariat for providing requested information directly to the appellant. The CPIO, Cabinet Secretariat vide letter No. F-12015/05/2013-RTI dated 14.1.2013 transferred the RTI application u/s 6(3) of the RTI Act to the CPIO, National Archives, New Delhi for providing information directly to the appellant.
3. However, not satisfied with the reply of the CPIO, the appellant preferred first appeal on 14.2.2013 before the FAA, Cabinet Secretariat on the grounds that he has not received any reply from the National Archives as well. The FAA, Cabinet Secretariat vide order No. F-12015/05 /2013-RTI dated 25.3.2013 recorded that available records mention about two subjects discussed in the first meeting of the Cabinet though documents are not available in the file register. FAA, however directed the CPIO to provide information as available in the Cabinet Secretariat to the appellant.
4. During the hearing the CPIO states that in compliance with the directions of the FAA, the CPIO vide letter dated 25.3.2013 informed the appellant that as per records in the available register two items were considered by the first Cabinet Meeting Chaired by Pt. Jawaharlal Nehru held on 15.8.1947 i.e.
(i) India’s Independence (Rights, Property and Responsibility) Order and
(ii) Appeal to the citizens of India to maintain peace.
5. The CPIO submits during the hearing that as per available register for the relevant period, two aforementioned items were considered by the Cabinet and the appellant has been accordingly apprised by the CPIO in compliance with the directions of the FAA. However, no other documents were found. The Commission finds no reason to disagree with the reply of the CPIO. However, the CPIO, National Archives is hereby directed to provide requisite information to the appellant within two weeks of receipt of this order, in case documents are available with the National Archives.
(Sushma Singh)
Chief Information Commissioner
Citation: Shri Nityanand Mishra v. Cabinet Secretariat in Case No. CIC/SM/A/2013/000803/SS