Information pertaining to a complaint against Chief Secretary, Government of Rajasthan was sought - PIO: Information is not available with the CVC - CIC: appellant should approach the PIO, Chief Secretary, Government of Rajasthan

ORDER

Facts:

1. In his RTI application dated 5 December 2012 the Applicant has sought from the CPIO, Central Vigilance Commission, New Delhi, information regarding his complaint dated 22/09/2012 through 10 points.

2. The CPIO vide his order dated 17 January 2013 informed the Appellant that the officials of the State Government are not covered within the jurisdiction of the Commission. However, complaint dated 22/09/2012 has been sent to Chief Secretary, Govt. of Rajasthan, for necessary action. The Commission does not expect any reply/report for the complaint sent for necessary action and advised the Appellant to make further correspondence with the State Government.

3. Not satisfied with the reply of the CPIO, Appellant preferred an appeal dated 1 February 2013 before the FAA.

4. The FAA by his order dated 18 February 2013 after going through the CPIO reply and RTI application directed the CPIO to allow the Appellant to inspect the records and certified copies of the documents relating to his complaint dated 22/09/2012 and refused the other issues raised by the Appellant on the ground that the same is in the form of ‘questioning the nature and quality’ of actions taken by the Commission which is not permissible under the provisions of the RTI Act and disposed of the appeal. Thus aggrieved by the order passed by the FAA, the Appellant has filed his second appeal before the Commission.

5. CPIO submitted that the information sought by the Appellant pertains to the Chief Secretary, Government of Rajasthan and is not available with the Central Vigilance Commission, New Delhi. CPIO further submitted that the same has been informed to the Appellant and his RTI Application has been transferred to the PIO, Chief Secretary, Government of Rajasthan vide letter dated 26 November 2012. Also, opportunity for file inspection, if any related to Appellant’s complaint dated 22/09/2012 has been provided to the Appellant by the FAA. However, Appellant till date has not availed the said opportunity of file inspection.

Decision Notice

6. Commission accepts the submission of the Respondents as information sought by the Appellant is not held with the Central Vigilance Commission, New Delhi.

7. Appellant is free to approach the PIO, Chief Secretary, Government of Rajasthan in the present matter.

(Smt. Deepak Sandhu)

Chief Information Commissioner

Citation: Shri Shambhu Lal v. Central Vigilance Commission in Appeal: No. CIC/SM/A/2013/000622/DS