Appellant modified his query during hearing by asking for attendance records of particular dates, which is an extended relief claimed because it was not the part of his original RTI application - CIC: Appellant is at liberty to file fresh RTI application

Information sought:

1. The Appellant filed an RTI application dated 25.09.2023 (offline) seeking the following information:

“The applicant had retired from DTC as an ATI in May 2015 had batch No. 12880, token No. 16681 & is filling the present RTI application regarding the service record of the following days: 07-05-2012, 21-05- 2012 & 08-08-2012.

1. Provide the applicant service record of the following days: 07-05-2012, 21-05-2012 & 08-08-2012?”

2. The CPIO furnished a point-wise reply to the Appellant on 23.10.2023 stating as under:

"संख्या 3 से 4 द्वारा मांगी गई जानकारी स्पष्ट न होने के कारण उपलब्ध नहीं करवाई जा सकती है। यह प्रमाणित किया जाता है कि जो सूचना आपको दी जा रही है, वह रिकॉर्ड के अनुसार पूर्ण व सत्य है।"

3. Being dissatisfied, the appellant filed a First Appeal dated 30.10.2023. The FAA order is not on record.

4. Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.

5. The Commission at the outset counsels the appellant that service records are never maintained date-wise, and it consists of two major documents of which one is personal file and the other one is Service Book. It is not clear from the RTI application as to which specific information related to service records by date he sought in the RTI Application. The appellant answered that he meant to obtain his attendance records of the relevant dates which has not been provided by the respondent so far.

6. The respondent remained absent during hearing despite prior intimation.

Decision:

7. The Commission based on perusal of the facts on record finds that the dissatisfaction of the appellant with the reply provided by the respondent is bereft of merit as the query raised by the appellant in this RTI Application is unspecific and do not qualify the definition of “information” as per Section 2(f) “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; of the RTI Act.

8. For better understanding of the mandate of the RTI Act, the Appellant shall note that outstretching the interpretation of Section 2(f) “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; of the RTI Act to include deductions and inferences to be drawn by the CPIO is unwarranted as it casts immense pressure on the CPIOs to ensure that they provide the correct deduction/inference to avoid being subject to penal provisions under the RTI Act.

9. In this regard, the Appellant’s attention is drawn towards a judgment of the Hon’ble Supreme Court on the scope and ambit of Section 2(f) “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; of RTI Act in the matter of CBSE vs. Aditya Bandopadhyay & Ors.[Civil Appeal No.6454 of 2011]wherein it was held as under:

“35. At this juncture, it is necessary to clear some misconceptions about the RTI Act. The RTI Act provides access to all information that is available and existing………A public authority is also not required to furnish information which require drawing of inferences and/or making of assumptions. It is also not required to provide `advice' or `opinion' to an applicant, nor required to obtain and furnish any `opinion' or `advice' to an applicant. The reference to `opinion' or `advice' in the definition of `information' in section 2(f) “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; of the Act, only refers to such material available in the records of the public authority. Many public authorities have, as a public relation exercise, provide advice, guidance and opinion to the citizens. But that is purely voluntary and should not be confused with any obligation under the RTI Act.”

10. Further, the appellant has modified his query during hearing by asking for attendance records of particular dates, which is an extended relief claimed because it was not the part of his original RTI application. Hence, no relief can be granted in the matter.

11. The appellant is at liberty to file fresh RTI application for seeking his own attendance records of the year 2012.

12. Notwithstanding the above, the Commission admonished the conduct of the Respondent for remaining absent during prior intimation and cautions him to be careful in future, failing which action may be initiated against him as per the law. A copy of this order be placed by the FAA before the controlling officer of the present PIO to take note of the observations. 13. First Appellate Authority to ensure compliance of the directions.

The appeal is dismissed accordingly.

Vinod Kumar Tiwari

Information Commissioner

Citation: SATBIR SINGH v. Office of the Dy. CGM (South)/PIO, DTC in CIC/DTCOR/A/2024/101888/C; Date of Decision : 30.04.2025