CENTRAL INFORMATION COMMISSION    File No.CIC/SA/A/2014/000154

 CENTRAL INFORMATION COMMISSION
(Room No.315, B­Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi 110 066)
File No.CIC/SA/A/2014/000154
Appellant
:
Sh. Harkishan Das Nijhawan
Respondent
:
Department of Justice,
Government of India
Date of hearing
:
13­10­2014
Date of decision
:
05­11­2014
Information Commissioner :
Prof. M. Sridhar Acharyulu
(Madabhushi Sridhar)
Referred Sections
:
Sections 3, 19(3) of the RTI
Act
Result
:
Appeal allowed/
Disposed of
The appellant is present. The Public Authority is represented by Mr. K.C.Thang, Under Secretary and Mr. M.P.Singh, Under Secretary, Department of Justice, Government of India. FACTS
2. The appellant filed RTI application on 30.7.2013 with CPIO, Dept of Justice, M/0 Law and justice, Govt. of India, New Delhi through 13 points viz. certified copy of entire elevation file from District Court Delhi to Registrar, Delhi High Court in respect of one, Mrs. Sangeeta Dhingra Sehgal, all the circulars/orders/guidelines issued for the transfer/posting of judges in different High Courts across the Country, till now etc. CPIO vide letter dt. 31.7.2013 1
transferred the application to another CPIO, Mr. K. C Thang and Mr N.Srivastava CPIO, Dept of Justice Having received no reply within the prescribed period from the concern PIO, the appellant preferred First Appeal on 14­10­2011. Claiming non­furnishing of information from the Respondent authority, the appellant preferred Second Appeal before the Commission.
Decision:
3. Both the parties made their submissions. The Commission observes that as far as the point No.1 of the RTI application is concerned, Mr. M.P.Singh,Under Secretary & CPIO present during the hearing submitted that the same was transferred to Delhi High Court under intimation to the appellant, as the information can be given by the Delhi High Court only. As far as points Nos. 2, 3, 5, 6, 12, 13 are concerned, Mr. K.C.Thang, US & CPIO, submitted that he had already furnished the information on 13­7­2013. But the appellant is not satisfied with the information given for point No.3, which seeks the details regarding transfers and postings of various Judges of High Courts. He says that he is not satisfied with the MOP furnished by the respondent, which contains guidelines for transfer and postings of the judges. He wanted to know whether the transfers and postings of judges of High Courts are happening according to the norms prescribed by the Policy and further submitted that he would satisfy if the information about the number of postings and transfers of Judges is given to him by the respondent. The Commission, therefore, directs Mr. K.C.Thang, CPIO to furnish the said information on Point No.3 to the appellant within 15 days from the date of receipt of this order. 4. As far as points Nos. 7 to 11 are concerned, the same are pertained to the Department of Legal Affairs, as submitted by Mr. Thang, CPIO. The Commission, therefore, directs the CPIO/Department of Legal Affairs to furnish the information on points Nos. 7 to 11 to the appellant within 15 days from the date of receipt of this order. The appeal is disposed of. 2
(M. Sridhar Acharyulu)
Information Commissioner
Authenticated true copy (Babu Lal)
Deputy Registrar
Address of the parties:
1. The CPIO under RTI, Government of India
Department of Justice, Ministry of Law and Justice
26, Man Singh Road, Jaisalmer House
New Delhi­110011
2. The CPIO under RTI, Government of India
Department of Legal Affairs, Ministry of Law and Justice
26, Man Singh Road, Jaisalmer House
New Delhi­110011
3. Shri Harkishan Das Nijhawan,
B6/69­A, Safdarjung Enclave
New Delhi 3