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Non application of mind


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Appellant is Mr. R.K.Jain who had filed RTI application on 02.05.2013 seeking information.


Kindly read this decision of IC and you will find several mistakes regarding date, complaint and appellant. Is this not a non application of mind?


(1) In point No.4 it is stated that; "complainant reiterated that the respondent has not provided any information".


(2) In point No.5 it is stated that; " the respondent stated that the information has been provided to the appellant on 22.12.2006. The complainant admitted that he has received the information".


I can not understand that is this a appeal or complaint? Is Mr. R.K.Jain a complainant or appellant?


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Prasad GLN

R.K. Jain is related to many good HC/SC/CIC decisions and a well known Advocate in RTI Act. This is the first decision, I am observing that IC has given decision against him.

Mere mentioning of his name gets information.

This is the worst order I have ever seen without reasons.

IC ought to have provided what was solicited by applicant and what was provided and specific issue that could not satisfy the complainant.

The complainant RK Jain is most reputed and learned personality. Can a person of that capacity state that information was not provided in writing before IC , when such information was provided to him ?

One can not find fault with RKJ, as he focuses on such information that is not received by him, may be IC is not having patience.

The confusion in such appeals/complainants is CPIO submitting to CIC that information was provided.

CPIO assumes that his providing one or two pages with such fillings suffice information required by appellants. The specific issue to be seen is as to whether CPIO has provided relevant, correct and complete information through the letter or not. The normal drama at CIC is CPIO says that he has provided the information and produces a bundle which IC is not having time to peep in and it is immediately decided that case is disposed as Commission thinks that information was provided. (RK Jain is also having some contract with connecting to printing of of Budget papers in Parliament but still he is not hesitant to file RTI to Finance Ministry and customs also. I do not think that he can drop this with such decision and go to Delhi HC definitely.)

RKJ is the first person who has obtained addresses of all complainants from CIC, whose complaints were redirected to FAA for personal hearing and providing of information. He has with his personal costs drafted a format of such memorandum to CIC and sent it to each and every such complainant by post with his expenses.

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Like our Hon'ble Karira sir, Mr.R.K.Jain is also reputed and learned personality and that is why i have posted this decision.

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Prasad GLN

When compared with Hon.Karira he had many links, influence and presence. He is an advocate, lives in Delhi, fought with several organisations, and had a good net work. Hon.Karira is not an advocate and all his fights are single handed and he stays in Hyderabad and has to spend amounts from his pocket for issues in larger public interest if he wishes to go to New Delhi. (But his in law's are at Bhikaji Kama place and this is his advantage, but I do not think that they can reimburse air charges to Damad for attending CIC hearing, at the most they permit stay and good food)

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