High Court of DelhiW.P.(C)/1610/2020

Ved Prakash Aggarwal v. Deputy Registrar (Cr-1, Central Information Commission)

2020-02-12Hon'Ble Mr. Justice Jayant Nath2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 1610/2020 VED PRAKASH AGGARWAL ..... Petitioner Through Petitioner in person versus DEPUTY REGISTRAR (CR-1, CENTRAL INFORMATION COMMISSION) ..... Respondent Through

CORAM:

HON'BLE MR. JUSTICE JAYANT NATH

O R D E R

% 12.02.2020 The writ petition is filed seeking a direction to the Deputy Registrar (CR-1), CIC for accepting the Second Appeal of the petitioner which was received on 26.12.2019. The grievance of the petitioner is that he moved an RTI application to the CPIO, Under Secretary, Ministry of Environment, Forest and Climate Change on 29.09.2019. As he did not receive a reply, on 6.11.2019 the First appeal was filed under Section 19(1) of the RTI Act. On 27.11.2019, thereafter the Second appeal was filed later the petitioner received information from the CPIO, but was not satisfied with the said response. On 27.12.2019, in response to the Second Appeal, the Deputy Registrar (CR - 1), CIC communicated to the petitioner that the petitioner has not filed First Appeal against the reply of the CPIO before the First Appellate Authority. Hence, the Second Appeal filed by petitioner was returned.

It was put to the petitioner, who is appearing in person, that his First

Appeal was filed prior to the receipt of information from CPIO and that he should either file a fresh appeal or amend his First Appeal. The petitioner, however, submits that there is no such provision under Section 19 of the RTI Act.

It is not possible to concur with the view of the petitioner. The CPIO has responded by providing information after the first appeal had already been filed. The said subsequent development would also attract the provisions of Section 19 of the RTI Act. The petitioner would also have the option of amending the first appeal to add the subsequent developments, namely, the response of the CPIO to file a fresh appeal. There is no merit in the petition and the same is dismissed. All pending applications, if any, also stand disposed of accordingly. JAYANT NATH, J FEBRUARY 12, 2020 st