Appellant wanted to know whether copies of ST/OBC certificates of the employees submitted to the Departments can be obtained under the RTI Act - PIO: query does not constitute information as per section 2(f) of the RTI Act - CIC: appeal rejected
8 Apr, 2014ORDER
1. The Appellant through an RTI application dated 11.04.2013 wanted to know whether copies of ST/OBC certificates of the employees which they have submitted to their Departments/Ministries can be obtained under the RTI Act or not.
2. The CPIO vide his letter dated 22.04.2013 informed the Appellant that “query does not constitute 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; of the RTI Act, 2005. Further interpretation of provision of the Act is beyond the scope of the RTI Act, 2005.”
3. Dissatisfied with this reply of the CPIO, the Appellant filed an appeal dated 15.05.2013 before the Appellate Authority which the Appellate Authority disposed of vide order dated 05.06.2013 upholding the CPIO’s reply.
4. The Appellant thereafter filed the instant appeal before the Commission challenging the Respondents’ decision.
5. Having heard the submissions and perused the records, the Commission agrees with the Respondents that the query made by the Appellant in his instant RTI application does not qualify to be information in terms 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; of the RTI Act. Therefore no disclosure obligation can be cast on the Respondents with regard to the present RTI application.
6. Appeal fails, rejected.
(Sushma Singh)
Chief Information Commissioner
Citation: Shri Satpal v. Department of Personnel & Training (DoPT) in Case No. CIC/SM/A/2013/001088SS