Information related to domain dispute resolution cases after 26.10.2020 - CIC noted that the information is available till 26.10.2020 only - A strict warning issued to the PIO for being unprepared and also for denying the information without any exemption
Information related to domain dispute resolution cases after 26.10.2020 was denied claiming that it is confidential/ commercial in nature - Before CIC, the PIO claimed that the information is available online at https://registry.in/Policies/DisputeCaseDecisions - CIC noted that the information sought is available till 26.10.2020 only - A strict warning issued to the PIO for being unprepared for the hearing, also for denying the information sought without any exemption clause
The appellant has sought the following information related to domain dispute resolution cases available online at registry.in/Policies/Dispute Case Decisions:
i) List of decisions after October 26, 2020 that have not yet been made available online.
ii) Copy of each decision made from October 26, 2020 till the date of reply to the RTI application.
Grounds for filing Second Appeal
The CPIO did not provide the desired information.
Submissions made by Appellant and Respondent during Hearing:
The appellant submitted that the refusal to provide the information by the CPIO is unjustified as the organisation used to proactively publish such information on their website and the Rules under which it was published have not been changed.
The CPIO submitted that an appropriate reply was given to the appellant on 10.07.2021.
From a perusal of the relevant case records, it is noted that the reply of the CPIO and the FAA’s order both are incomplete as it has been merely stated that the information sought is confidential/ commercial in nature and cannot be disclosed. The CPIO has failed to claim any exemption under the RTI Act. Furthermore, the appellant has contested the reply while bringing to notice that the same information used to be published on the website proactively and therefore the denial was unjustified.
During the hearing, it was enquired from the CPIO as to whether the appellant is right in stating that the information sought by him should have been uploaded on their website, to which he submitted that, the information is available at the weblink https://registry.in/Policies/DisputeCaseDecisions.
The Commission examined the weblink and found that the information sought is available till 26th Oct 2020 only. It appears that the CPIO is not even aware of the fact that the issue in this case is that information till 26th Oct 2020 was available in public domain and thereafter no orders were uploaded on the weblink. He reiterated the same irrelevant statement and failed to even justify the claim of confidentiality.
A strict warning is issued to the CPIO concerned for being unprepared for the hearing, also for denying the information sought without any exemption clause.
A revised reply should be given to the appellant via his e-mail address firstname.lastname@example.org with an explanation as to why the information after 26.10.2020 is not available on the weblink as per Sec 4 of the RTI Act. Furthermore, in case no reason as such is available on record, the complete copies of documents shall be sent to the appellant within 7 days from the date of receipt of the order.
The appeal is disposed of accordingly
Vanaja N. Sarna
Citation: Aroon Deep v. National Internet Exchange of India, File No. CIC/NIEOI/A/2021/635867, Date of Decision: 02.11.2022