Office of Chief Justice of India is covered under RTI now

Maybe it is coincidence, but two days before retirement of CJI, the office of CJI has been agreed to be a Public Authority under RTI Act.  See recent decision by CIC below.  Also the important points are made bold below:

CENTRAL INFORMATION COMMISSION
Appeal No. CIC/WB/A/2009/000279 dated 14.3.2009
Right to Information Act 2005 – Section 19
Appellant       -    Shri Nemi Chand Jain
Respondent    -    Supreme Court of India (SCI)
Decision announced: 10.5.2010

Facts:
Shri Nemi Chand Jain of Jaipur, Rajasthan applied to the Registrar,
Supreme Court of India on 27.11.08 seeking the following information:
“Copy of complete file relating to complaint dated 2.4.2007 against
Justice Shri Shiv Kumar Sharma, Rajasthan High Court, Jaipur.”
To this Shri Nemi Chand Jain received a response from CPIO Shri Raj Pal
Arora, Addl. Registrar dated 18.12.08 informing him as follows:
“I write to inform you that the complaints against Hon’ble Judges of
the High Court or Supreme Court are not handled by the Registry.
Therefore, the information is not held by or under the control of the
Registry and the CPIO, Supreme Court of India cannot accede to
your request.”

Aggrieved, Shri Nemi Chand Jain moved an appeal on 30.12.08 before
Appellate Authority, Supreme Court of India on the following grounds:
“As per Section 6(3) of the RTI Act the Learned CPIO should have
transferred the application within five days to the concerned public
authority with whom the information is available and inform the
Appellant / Applicant.”

Upon this, Appellate Authority Shri M. P. Bhadran in his order of 17.1.09 in
appeal No. 2 of 2009 decided as follows:
“Since the Hon’ble CJI is not a Public Authority within the meaning
of Sec. 2(h) of the RTI Act the application cannot be transferred as
per Section 6(3) of the RTI Act as requested by the appellant.  I find
that no error in the impugned order.  There is no merit in this appeal
and it is only to be dismissed.”

Appellant Shri Jain has then moved his second appeal before us with the
following prayer:
“It is prayed that the impugned order dated 17.1.09 passed by 
Learned Appellate Authority and order dated 18.12.2008
passed by Learned CPIO may kindly be quashed and set 
aside, and the Learned CPIO may be directed to transfer the 
application to the appropriate Authority with whom the
information sought by Appellant is available.”

This prayer is grounded on the following contentions:
“Because the Hon’ble CJI is Public Authority within the meaning of
Section 2(b) of the RTI Act and hence the impugned order is liable
to the set aside.”

The appeal was heard by videoconference with Jaipur on 10.5.2010. The
following are present:

Appellant
Shri Nemi Chand Jain

Respondents
1. Shri Raj Pal Arora, CPIO / Addl. Registrar
2. Ms. Asha Ahuja, RTI Branch Officer, SCI
3. Shri Devadatt Kamat, Advocate

Shri Devadatt Kamat, Learned Counsel for the Supreme Court presented
his vakalatnama, which has been taken on record. Shri Kamat also submitted
that subsequent to the decision in the present case, it has been agreed by the
Supreme Court of India that the Office of Chief Justice of India is indeed a public authority within the meaning of sec. 2(h) of the RTI Act.  In light of this, the
information sought by appellant Shri Nemi Chand Jain was that the complaint of
2.4.07 against Justice Shri Shiv Kumar Sharma of the Rajasthan High Court,
Jaipur had in fact been received, seen by the Chief Justice of India and lodged.
There is no file on the complaint.  Upon this, appellant Shri Nemi Chand Jain
submitted that he had no further information to seek.

DECISION NOTICE

It is now established and agreed to by all parties that the office of Chief
Justice of India is a Public Authority within the meaning of Sec. 2(h) of the RTI Act, as part of the Supreme Court of India.  The order of Appellate Authority, Shri
M. P. Bhadran on appeal No. 2 of 2009 dated 17.1.09 is, therefore, set aside.
Learned Counsel for the Supreme Court of India has also provided the
information sought by appellant Shri Nemi Chand Jain, in the hearing.  The
appeal is thus allowed.  There will be no costs.

Announced in the hearing.  Notice of this decision be given free of cost to
the parties.
(Wajahat Habibullah)
Chief Information Commissioner
10.5.2010
Authenticated true copy.  Additional copies of orders shall be supplied against
application and payment of the charges, prescribed under the Act, to the CPIO
of this Commission.
(Pankaj K.P. Shreyaskar)
Joint Registrar
10.5.2010