In how many High Courts, PCI has appointed a separate advocate to present its case apart from ASG and the amount of money paid to the advocate - PIO: Such list is not available - CIC: Appropriate response has been provided by the Respondent
29 Mar, 2024
Information sought and background of the case:
The Appellant filed an RTI application dated 29.07.2023 seeking information on following points:-
“PCI please tell in how many High Courts apart from Additional Solicitor General of India, PCI has appointed a separate advocate to present its case and how much amount has been paid by PCI to the advocate of which High Court from the year 2020 till now. have paid. List should be made available”
The CPIO vide letter dated 18.08.2023 replied as under:-
“The such list is not available”
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 29.08.2023. The FAA vide order dated 26.09.2023 upheld the reply of the CPIO.
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
Appellant: Absent
Respondent: Ms. Pratima Tiwari, DS, PCI
The Respondent stated that the relevant information from their official record has been duly furnished to the Appellant within stipulated time frame. She stated that she would abide by the orders of the Commission if any.
Decision:
Keeping in view the facts of the case and the submissions made during hearing, the Commission is of the view that an appropriate response as per the provisions of the RTI Act, 2005 has been provided by the Respondent since only such information that is held and available with a public authority can be provided to the information seekers and giving reasons/ opinions/ interpretations, etc are beyond the scope of duty of the CPIO. Hence, no further intervention of the Commission is required in the instant matter.
The appeal is disposed of accordingly.
Heeralal Samariya
Chief Information Commissioner
Citation: Shri Arvind Kumar v. Pharmacy Council of India, CIC/PHRCI/A/2023/646736; Date of Decision: 27.02.2024