P&H HC Issues Notice To CIC On Plea To Decide Appeal Against PMO's RTI Response Denying PM CARES Fund Details

The Punjab and Haryana High Court recently issued a notice to the Chief Information Commission for its failure to decide the 2nd appeal against the order of denial of information sought for by the Petitioner-Advocate, Nitin Mittoo regarding PM CARES Fund.

Issuing a notice of motion to CIC and PMO, the Bench of Justice H. S. Madaan fixed the case for hearing on January 6, 2022.

The background of the case

On June 7, 2020, the petitioner sought information from respondent no.3 [Public Information Officer, PMO] under the Right to Information Act 2005 through the online portal developed by the government (RTI online) seeking certain information regarding PM Cares Fund.

Essentially, the petitioner sought information related to the cabinet resolution and other information related to the advertisement of the PM CARES FUND on the government domain website.

The petitioner also sought permission letters and the amount paid by PM CARES Fund for getting its advertisement on the government websites all over India and even at websites of the various other world forums.

On June 15, 2020, the response from respondent no.3 was received by the petitioner wherein it denied providing the information to the petitioner solely on the grounds that since the information was related to PM CARES fund, hence the same does not fall under the ambit of public authority under the Right to Information Act, 2005.

Thereafter, he moved to the First appellate authority [First appellate authority, PMO] by way of filing the first appeal. However, upholding the order of the PIO, PMO, the first appellate authority dismissed the first appeal.

Against that order, he moved a second appeal before the Chief Information Commission, however, the same has not been decided to date despite being served with two reminder notices. Therefore, the petitioner moved before the High Court with the instant plea.

In a writ petition for seeking a writ of mandamus, Petitioner Nitin Mittoo (an Advocate) has sought direction to the Chief Information Commission, New Delhi to decide the appeal relating to the petitioner pending since September 23, 2020, within a stipulated time period.

The plea seeks direction to the respondent no.1 (CIC) to decide the second appeal of the petitioner filed under the Right to Information Act,2005 which was registered number CIC/PMOIN/A/2020/686431 dated 23.09.2020 with in a stipulated time period of 30 days.

Case title - Nitin Mittoo v CIC and others 

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