Decision announced by CIC New Delhi against District & Sessions Judge-Cum-Appellate Authority Civil Court Begusarai under the Judicature of Patna High Court for Non-Compliance RTI Act 2005

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CENTRAL INFORMATION COMMISSION
2nd Floor, 'B' Wing, August Kranti Bhawan,
Bhikaji Cama Place, New Delhi -110066
Tel : +91-11-26186535
Complaint No. CIC/MOLAJ/C/2016/299945
Complainant: Mr. Om Prakash,
Respondent: Central Public Information Officer,
Registrar Genl.,
Bihar High Court,Patna-800001.
Date of Hearing: 08.09.2017
Date of Decision: 08.09.2017
ORDER
Facts:
1. The complainant filed RTI application dated 25.07.2011 seeking information
regarding that “whether or not institution or judge can refuse to accept the
valuable information of the respondent who is under life threat which has been
given in affidavit through CJM Court Begusarai on unannounced date by him;
what action will be taken against such officials who suppress the democratic
rights of the citizen”.
2. The Ministry of Law and Justice responded on 01.08.2011 informing the
complainant that his RTI application has been transferred to PIO, Delhi High
Court and Patna High Court. The complainant filed a complaint on 20.8.2016
before the Commission.
Hearing:
3. The complainant was personally present in the hearing. The respondent
participated in the hearing through VC.
4. The complainant had sent his written submissions dated 30.08.2017, which
is taken on record.

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5. The complainant referred to his RTI application dated 28.05.2016 and stated
that no information was provided to him. He stated that on 02.09.2016, first
appeal was filed by him with the First Appellate Authority viz. Hon’ble High
Court, Patna but his first appeal was not disposed off till date by the FAA. He
apprised that date of his RTI application has wrongly been mentioned in the
hearing notice.
6. The complainant stated that his matter pertains to imminent danger to life
and personal liberty. The complainant stated that two criminal cases were filed
against him wherein two NBWs were issued. He stated that orders in one
criminal case have been concealed from him with criminal intention. The
complainant stated that he has exhausted all legal remedies but no relief was
given to him.
7. The complainant prayed before the Commission that his first appeal should
be disposed off expeditiously by the FAA. He also sought information regarding
grounds of Criminal case complaint (P) No. 5591 of 2013 u/s. 498A being
registered by the same CJM division, Begusarai and NBW dated 08.09.2011
u/s. 83 being issued by SDJM court under same CJM division and this
information being kept secret.
8. The respondent stated that the complainant had filed two RTI applications
dated 25.07.2011 and 28.05.2016. He stated that they have transferred both
the RTI applications to the CJM and PIO, Begusarai.
9. During the hearing, the complainant stated that his first appeal was also
transferred by the Hon’ble High Court, Patna to District Judge, Begusarai vide
their Memo no. 65815 dated 01.10.2016 and memo no. 82921 dated
20.12.2016. The complainant stated that till date he has not received any reply
from the FAA.
Discussion/Observations:

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10. The action/steps taken by the respondent in dealing with the RTI
application is satisfactory.
Decision:
11. The respondent may consider and exercise their supervisory power to
advise the District Judge (First Appellate Authority) for expeditious disposal of
the first appeal of the complainant.
The complaint is disposed of. Copy of this order be given free of cost to the
parties.
(Radha Krishna Mathur)
Chief Information Commissioner
Authenticated true copy
(S.C. Sharma)
Dy. Registrar