Applicant was provided opportunity to attend the personal hearing on two occasions but he chose not to attend - Respondent: Appellant was absconding - CIC: Provide an opportunity to the Appellant or his authorised representative to inspect the records
22 Jan, 2024Information sought and background of the case:
The Appellant filed an RTI application dated 14.08.2022 seeking information on following points:-
CIC/MOSPI/A/2022/666229
The Appellant filed an RTI application dated 14.08.2022 seeking information on following points:-
“(1) Uncensored Certified copy as per section 2 (j) of RTI act and section 76 of The Indian Evidence Act 1872 of Annexure I attached at page 6 of CPIO reply document dated 11/08/2022 vide file no. 11011/1/2022- SSS of RTI supporting doc enclosed
(2) Uncensored Certified copy as per section 2 (j) of RTI act and section 76 of The Indian Evidence Act 1872 of Correspondence at Pages 1-21/C of Minutes of CSB dated 14/07/2022 as stated in para 5 of Note 1 of the file no. 11015/05/2022-SSS (Computer no. 51741) attached in page 7 of CPIO reply document dated 11/08/2022 vide file no. 11011/1/2022-SSS of RTI supporting doc enclosed
(3) Uncensored Certified details of e-office files along with file no., file description, file subject and computer no. of files related and pertaining noting on CSB meeting for transfer of SSS Cadre as per section 2 (j) of RTI act and section 76 of The Indian Evidence Act 1872.
(4) Uncensored Certified details as per section 2 (j) of RTI act and section 76 of The Indian Evidence Act 1872, like date and minutes of CSB held before 14/07/2022 along with detailed information held in any form of requests for own cost transfer of JSOs to be considered as stated in para 4 at page 4 of CPIO reply document dated 11/08/2022 vide file no. 11011/1/2022-SSS of RTI supporting doc enclosed.
(5) Uncensored Certified copy as per section 2 (j) of RTI act and section 76 of The Indian Evidence Act 1872 of complete e-office file no.11015/05/2022- SSS (Computer no. 51741)
(6) Certified details as per section 2 (j) of RTI act and section 76 of The Indian Evidence Act 1872 of e-office file created prior to e-office file no.11015/05/2022-SSS (Computer no. 51741) pertaining notings on CSB meeting for transfer of SSS Cadre along with file no., file description, file subject and computer no.”
The CPIO, Deputy Director, SSS,MoS&PI vide letter dated 25.08.2022 replied as under:-
1) It is informed that the RTI request no. MOSPI/R/E/21/00151dated 18/03/2021 is filed by the applicant itself and the same should be available with the applicant. Further, the CPIO is not bound to provide Information that is already available with the applicant.
2) MOSPI CPIO response dated 17/04/2021 vide file no. No.11011/01(03)/2021-SSS has already been provided to the applicant vide letter no.11011/01(03)/2021-SSS dated 17.04.2021. Further, the CPIO is not bound to provide Information that has already been provided to the applicant.
3) RTI appeal no.MOSPI/A/E/21/00043 dated 14/05/2021 is filed by the applicant itself and the same should be available with the applicant. Further, the CPIO is not bound to provide Information that is already available with the applicant.
4) MOSPI FAA response dated 31/05/2021 vide file no. No.11011/01(01)/2021-SSS has already been provided to the applicant vide letter по. 11011/01(01)/2021-SSS dated 31.05.2021. Further, the CPIO is not bound to provide Information that has already been provided to the applicant.
5) RTI request no. MOSPI/R/E/22/00374 dated 01/05/22 along with RTI supporting document enclosed is filed by the applicant itself and the same should be available with the applicant.
Further, the CPIO is not bound to provide Information that is already available with the applicant.
6) MOSPI CPIO response dated 26/05/2022 vide file no.11011/1(01)/2022-SSS has already been provided to the applicant vide letter no. 11011/1(01)/2022-SSS dated 26.05.2022. Further, the CPIO is not bound to provide Information that has already been provided to the applicant.
The CPIO, Deputy Director, SSS,MoS&PI vide letter dated 26.08.2022 replied as under:-
“..It is informed that the relevant information pertains to the transfer of the applicant has already been supplied vide letter No. File No.11011/1/2022-SSS dated 11.08.2022.
“Reply of CPIO of SSS
01. It is informed that the information requested, is vague and not specific. However, as per understanding of CPIO of SSS, Concerned pages from noting and Minutes of the meeting dated 14.07.2022 is attached.
02. No information in material form is available with CPIO of SSS.
03. No information in material form is available with CPIO of SSS.”
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 28.08.2022. The FAA vide order dated 15.09.2022 upheld the CPIO's reply.
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Written submission dated 27.12.2023 has been received from the Appellant and same has been taken on record for perusal.
Written submission dated 27.12.2023 has been received from the CPIO/DD, SSS, MoSPI. The relevant extract whereof is as under :
i. The undersigned is working as Deputy Director in SSS Division of Ministry of Statistics and Programme Implementation and also performing the functions of CPIO under RTI Act.
ii. The RTI Application dated 14-08-2022 bearing Reg. No. MOSPI/R/E/22/00604 of Shri Ankit Demta was received in the office of the undersigned CPIO on 17-08-2022.
iii. The applicant vide his RTI Application, dated 14-08-2022 had sought certified copies of the information supplied by the CPIO vide his letter dated 11-08-2022 in reply to the RTI request dated 21-07-2022 (Reg. No. MOSPI/R/E/22/00546) filed by the applicant.
iv. The undersigned CPIO after due examination of the application sent reply to the applicant vide letter, dated 26-08-2022. That is, the undersigned CPIO supplied the information to the applicant well within the time limit prescribed in the RTI Act.
v. The RTI applicant has filed First Appeal, dated 28-08-2022 on the grounds that he has been provided incomplete, misleading or false information.
vi. RTI Applicant was called upon for personal hearing before FAA of SSS on 09-09-2022. However, none appeared for the Applicant. Written submissions from the Applicant, vide email dated 09-09-2022, had been received by the FAA.
vii. The first appeal was disposed of FAA of SSS vide letter dated 15-09-2022 on the basis of the written submissions of the applicant and the information available on the official records.
In the said RTI has already been provided by CPIO of SSS division vide letter dated 11-08-2022, with reference to the previously filed RTI of the applicant bearing Reg. No. MOSPI/R/E/22/00546 dated 21-07-2022.
3. In the instant matter, it is to submit that with reference to the RTI dated 21-07-2022, the information sought as available with the CPIO of SSS in material form was furnished to the applicant.
Further, the applicant was requested that he may appear personally before the CPIO of SSS on or before 19-08-2022 for resolving his issues since the RTI filed was ambiguous and not specific. However, he did not appear for the same.
4. Further, in order to appreciate the nature of the information sought by the applicant in the instant RTI, the RTI Applicant was requested to make it convenient to attend the personal hearing before FAA of SSS on 09-09-2022. However, none appeared for the Applicant.
5. It is evident that the RTI applicant was provided opportunity to attend the personal hearing on two occasions and to make the CPIO as well as the FAA to understand his query and the information sought, however, the applicant chose not to attend the same on any of the occasions, which shows the lackadaisical approach of the RTI Applicant.
6. The advice of the undersigned CPIO is also in line with the provision contained in DOP&T O.M. No. 1/32/2013-IR, dated 28th November, 2013 which inter-alia, provides that only such information can be supplied under the Act that is available and existing and is held by the public authority or is held under the control of the public authority. The Public Information Officer is not supposed to create information that is not a part of the record of the public authority…”
Facts emerging in Course of Hearing:
The Following were present:
Appellant: Present
Respondent: Mr. Mohammad Tayyab, Deputy Director/CPIO, MoSPI
The Appellant reiterated the averments made in his written submission and stated that the relevant information has not been furnished to him. He averred that PIO has given misleading, false and incomplete information and denied the certified copies of the documents as sought in the instant RTI Application.
The Respondent stated that the relevant information has been already furnished to the Appellant from their official record. He stated that the Appellant was working as a JSO in MoSPI and he has been absconding since April 2023 and has failed to join office despite various communications and reminder letter sent to him in this regard. He offered inspection of record to the Appellant.
Decision:
Commission based on the averment made by the parties during hearing, directs the PIO to provide an opportunity to the Appellant or his authorised representative, to inspect available and relevant records as sought in the instant RTI Application, on a mutually decided date and time duly intimated to the Appellant telephonically and/or in writing.
In case, relevant information pertains to some other Branch/Department, then the concerned PIO should procure and provide relevant documents for the said inspection. Copy of documents, if desired by the Appellant upon inspection should be provided upon payment of prescribed fees as per RTI Rules, 2012.
However, no information shall be furnished by the PIO, to the Appellant, which is exempted from disclosure under the RTI Act, 2005. PIO must make sure that only information pertaining to Appellant must be produced for inspection and no records pertaining to any third party must be produced and same must be redacted or blacked out prior to the said inspection.
The said direction should be complied within 30 days from the date of receipt of this order and accordingly compliance report to this effect be duly sent to the Commission by the PIO. No further action lies.
The appeal is disposed of accordingly.
Heeralal Samariya
Chief Information Commissioner
Citation: Shri Ankit Demta v. Ministry of Statistics & Programme Implementation, Second Appeal No. CIC/MOSPI/A/2022/666229; Date of Decision: 04.01.2024