RTI Application and First Appeal filed by separate individuals

Mr. Shamim Alam filed an RTI application seeking information in relation to Non-Judicial stamp paper of the Denomination of Rupees 10 bearing a distinct number. The PIO replied that the disclosure of the sensitive details of the stamp paper(s) would adversely affect the economic interest of the country and would not serve any larger public interest. The information was denied by seeking exemption under Section 8(1)(a), 8(1)(j) of the RTI Act, 2005. First Appeal was filed by Mr. Shakil Ahmed as a Special Power of Attorney (SPA) holder of the Mr. Shamim Alam which was rejected by FAA. Upon a remark by the CIC during second appeal regarding the appropriateness of the FAA’s order in having rejected the First Appeal filed under SPA by Shakil Ahmed, the Representative of the Appellant feebly stated that the erroneous First Appeal stands rectified as the Second Appeal has been filed by Shamim Alam only. The CIC observed that the FAA has appropriately rejected the First Appeal as being not maintainable as the RTI Application and First Appeal are filed by separate individuals. Further, since the channel of First Appeal has not been properly exhausted by the Appellant, the instant second appeal is also not maintainable.

Comments

As far as possible, a person who desires an information should file the RTI application and appeal under his / her own name and signature.

Citation: Shamim Alam v. Security Printing Press, Hyderabad, CIC/SPPRE/A/2022/151493; Date of Decision: 18.03.2024