2013 (4) TMI 782 - HC - Indian Laws

Summary

Issues involved:
The judgment deals with the issue of the Central Information Commission (CIC) directing the Ministry of Finance to appoint only one Central Public Information Officer (CPIO) for the entire ministry, despite having multiple departments within its fold.

Background and Facts:
The respondent had filed an application with the Ministry of Finance seeking information about a newspaper item. The application was returned as there was no appointed CPIO for the Ministry of Finance. The information sought was later provided to the respondent.

Contentions of the Parties:
The petitioner argued that the CIC had no jurisdiction to issue such a directive, while the respondent contended that the CIC had the power to administer the provisions of the Right to Information Act, 2005 (RTI Act) and issue necessary directions.

Decision and Directions:
After hearing both parties, the court directed the Ministry of Finance to publicize the name of the Nodal Officer who will receive RTI applications. The Nodal Officer will then process the applications and forward them to the respective CPIO of the concerned department. If the information pertains to multiple departments, copies will be supplied to all relevant CPIOs to avoid delays. The Nodal Officer will inform the applicant about the designated CPIO for their application and provide necessary contact details. Applications without a specified CPIO will be handled by the Nodal Officer initially.

Conclusion:
The court's directions replaced the CIC's order, and the respondent's concerns were deemed to be addressed. The writ petition was disposed of accordingly.