No. 15/4/2005-CIC (PT)
Central Information Commission
Block IV, 5th Floor,
Old JNU Campus
New Delhi 110067
Date: 5/1/ 2006
Subject:
Complaint u/s 18 of Right to Information Act
Major General S Sindhu has filed an appeal before the Central Information
Commission dated December, 5 2005 regarding deemed inaction by the Army
headquarters and by the Ministry of Defence in providing information asked for
by him under the Right to Information Act 2005.
On perusal of
the documents submitted we find that the applications made to the public
authorities mentioned in the appeal were made on August 19 and 24 and on
September 16, 2005. Although as the appeal states these applications have failed
to receive a response within the time limit prescribed under Section 7 (1) of
the Act, neither Section 6 under which the original application was made nor
Section 7 were in fact in force at the time that these applications were made.
(Reference Section 1 (3) of the RTI Act, 2005.)
The present appeal is
therefore unacceptable as the law stated to have been infringed was not in force
at the time when the infringement is stated to have taken place.
The appellant is therefore advised to avail of all remedies now available
under the Act before appealing to the Commission.
-sd-
(Wajahat Habibullah)
Chief Information Commissioner
-sd-
(Padma Balasubramanian)
Information Commissioner
January 5, 2006