NIC: Role of NIC team is to provide technical support; The CIC owns the public authority module - CIC: The PIO of CIC must make sure that information which is exempted from disclosure under RTI Act must not be disclosed to the appellant
28 Feb, 2024Since both the cases arise out of the same RTI Application, the aforementioned cases are clubbed together for final hearing and disposal.
Information sought and background of the case:
The Complainant/Appellant filed an RTI application dated 10.03.2022 seeking information on following points:-
- In respect of Public Authority Module of the Central Information Commission kindly provide following information
“1. Date of Commissioning of Public Authority Module
2. Designed outputs of Public Authority Module on the date of commissioning
3. Designed inputs of Public Authority Module on the date of commissioning
4. Sources of inputs to the Public Authority Module on the date of commissioning
5. Date(s) on which amendments were made in the Public Authority Module after initial commissioning of the module along with changes that were made.
6. Dates on which CIC officials were trained, by NIC officials, during the year 2017, 2018, 2019, 2020,2021 so that they can use Public Authority Module
7. Copy of latest training material used by NIC officials to train the CIC officials so that they can use Public Authority Module for training purpose.
8. Date of latest training, related to Public Authority Module of the Central Information Commission, conducted for the officials of registered public authorities with CIC, by NIC.
9. Name and designation of CIC official who was training provider (cofaculty) along with NIC faculty, on the date mentioned in para 8, conducted by NIC
10. Copy of latest training material used by NIC officials to train the officials of registered public authorities for training purpose.
11. Sample copy e- mails, SMS messages that are auto generated by NIC and sent to Appellant/ Complainant, Nodal officer/ CPIO of public Authority after each event like on receipt of an Appeal or complaint, link-paper receipt, notice of hearing /uploading of order etc.
B. Copy Of latest training material used by NIC Officials to provide training to CIC Officials to use Appscom software System of Central Information Commission training purpose.”
The CPIO transferred the RTI Application to CPIO, Central Information Commission.
Dissatisfied with the response received from the CPIO, the Complainant/Appellant filed a First Appeal dated 19.03.2022. FAA, NIC upheld the reply of PIO, NIC on 08.04.2022.
Aggrieved and dissatisfied, the Complainant/Appellant approached the Commission with the instant Complaint.
Written submission dated 11.01.2024 has been received from Scientist F/CPIO (NIS) and same has been taken on record for perusal.
Facts emerging in Course of Hearing:
The following were present :
Appellant/Complainant: Absent
Respondent : Mr. Swarup Dutta, CPIO/Scientist -F, NIC, HQ
The PIO, NIC stated that the information sought by the Appellant/Complainant relates to Central Information Commission and therefore the actual custodian of information is PIO, Central Information Commission. He stated that the role of NIC team is to provide technical support as per the requirements of user departments i.e. CIC in this case. He averred that the ownership of any software / module, portal, website etc. does not lie with NIC. Accordingly the public authority module of the Central Information Commission (CIC) is owned by CIC and the RTI query was therefore the CPIO, NIC had transferred the RTI query to PIO, CIC online on 29.03.2022. First Appellate Authority of NIC has upheld the reply of PIO on 08.04.2022.
Decision :
Since both the cases arise out of the same RTI Application, the aforementioned cases are clubbed together for final hearing and disposal.
Commission, after perusal of case records and submissions made during hearing, observes that as submitted by the PIO, NIC the instant RTI Application has been transferred by CPIO, NIC to PIO, CIC online on 29.03.2022. Accordingly, Commission directs the concerned PIO, Central Information Commission to furnish reply along with necessary annexures if any, as available in their records, with regards to the instant RTI Application, to the Appellant, free of cost via speed post, 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.
In case relevant information, as sought in the instant RTI Application, pertains to some other Branch/Department of Respondent authority, then the PIO should procure and provide the same to the Appellant. In doing so, PIO must make sure that information which is exempted from disclosure under RTI Act, 2005 must not be disclosed to the appellant.
The Commission directs Registry of this Bench to mark a copy of this order to the PIO, Central Information Commission for necessary action in the matter. The Second Appeal No. CIC/NICHQ/A/2022/630966 is disposed of, accordingly.
As regards the Complaint No. CIC/NICHQ/C/2022/619366, the Commission observes that prima facie there is no malafide intention of obstructing the information to the Appellant/Complainant, hence no action warranted under section 20 of the RTI Act. Therefore, the aforementioned Complaint is disposed off, accordingly.
Matters are disposed of accordingly.
Heeralal Samariya
Chief Information Commissioner
Citation: Shri Amresh Chandra Mathur v. National Informatics Centre, Complaint No. CIC/NICHQ/C/2022/619366 and Second Appeal No. CIC/NICHQ/A/2022/630966; Date of Decision : 15.01.2024