‘Opinion/advice’ on queries raised by appellant were sought quoting section 2(f) & 4(1)(d) – PIO: no such information available on record - CIC: PIO to permit inspection of the relevant files - not required to draw inferences or make assumptions
16 Sep, 2013‘Opinion/advice’ on the queries raised by appellant were sought quoting 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; “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; and 4(1)(d) Every public authority shall provide reasons for its administrative or quasi-judicial decisions to affected persons. Every public authority shall provide reasons for its administrative or quasi-judicial decisions to affected persons. Every public authority shall provide reasons for its administrative or quasi-judicial decisions to affected persons. Every public authority shall provide reasons for its administrative or quasi-judicial decisions to affected persons. – PIO: no such information available on record - CIC: PIO to permit inspection the relevant file(s) available - A public authority is also not required to furnish information which require drawing of inferences and/or making of assumptions - it would be impossible for any public authority to give reasons for the administrative/quasi judicial decisions taken by them in the past because it would virtually amount to asking the present incumbent to read the mind of that authority which passed or took the decision, at an earlier point of time
Order
Information sought:
The appellant through number of queries had sought information relating to a copy of letter no. 36-2/2002- PEN(T) Pb. Dated 25/02/2003 he had also sought date of effectiveness of this and regarding its implementation in the department and other related information.
Grounds for the Second Appeal: The PIO has not given complete and satisfactory information.
Hearing
The appellant stated that under 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; “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 the respondent are bound to supply ‘opinion/advice’ on the queries raised by him, similarly under Section 4(1)(d) Every public authority shall provide reasons for its administrative or quasi-judicial decisions to affected persons. Every public authority shall provide reasons for its administrative or quasi-judicial decisions to affected persons. Every public authority shall provide reasons for its administrative or quasi-judicial decisions to affected persons. Every public authority shall provide reasons for its administrative or quasi-judicial decisions to affected persons. of the RTI Act they are required to furnish the reasons for administrative action but the same has not been provided. He further stated that he had asked for a copy of the DoT letter no. 36-2/2002-PEN(T) Pb dated 25/02/2013 which has not been furnished. The CPIO’s representative stated that the public authority 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; “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 is required to supply ‘opinion/ advice’, if available on record. Similarly, reasons for administrative action are required to be furnished if recorded in the file/ notesheet(s) by the concerned authority while taking the decision. He clarified that in the appellant’s matter no such information/ document(s) is/are available on record. As regards copy of the DoT letter the CPIO stated that the same is not available with him and as such this part of the RTI application will be transferred to the DoT. The appellant argued that the respondent have never informed him that there is no document/ file noting available on record. The CPIO’s representative reiterated that there is no such information on record and to remove all doubts from the mind of the appellant can inspect the relevant file(s) and take whatever information he needs. The appellant clarified that he had filed an OA before the CAT and the information is being sought by him as the CAT order has not been properly implemented; he requested for inspection of the relevant file(s). The CPIO’s representative stated that the said file would be available with the legal cell and he has no objection in allowing the inspection.
Decision notice:
The Commission directs the CPIO to permit the appellant to inspect the relevant file(s) available with him/the legal cell and also allow him to take photocopies/extracts therefrom, free of cost, up to 25 pages within 15 days from the date of receipt of this order. The CPIO should also transfer that part of the appellant’s RTI application which pertains to the DoT to them, within 5 days from the date of receipt of this order. As regards the appellant’s request for furnishing of ‘opinion/advice’ the issue has been amply clarified by the Hon’ble Supreme Court in the matter of CBSE & Anr. V/s. Aditya Bandopadhyay & Anrs. (C.A. No. 6454 of 2011): “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; “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.” Similarly, as regards his contention for furnishing of reasons under section 4(1)(d) Every public authority shall provide reasons for its administrative or quasi-judicial decisions to affected persons. Every public authority shall provide reasons for its administrative or quasi-judicial decisions to affected persons. Every public authority shall provide reasons for its administrative or quasi-judicial decisions to affected persons. Every public authority shall provide reasons for its administrative or quasi-judicial decisions to affected persons. of the RTI Act, a coordinate bench of this Commission in its decision dated 18/6/2008 file no. CIC/AT/A/2007/01298 (V A Shah vs. central excise department) has lucidly explained as under:
“7. However, it would be a fallacy to conclude that all public authorities are obliged to provide post facto reasons to the RTI petitioners in all administrative and quasi judicial matters previously decided. The right of a citizen to get information from a public authority is conditioned by 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; “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; subject to exemption Sections of the RTI Act. To further elaborate it, it would be impossible for any public authority to give reasons for the administrative/quasi judicial decisions taken by them in the past because it would virtually amount to asking the present incumbent to read the mind of that authority which passed or took the decision, at an earlier point of time. The reasons for any decision are those as may be found in the body of the decision itself, or from the file in which that decision was made. This is what Section 4(1)(d) Every public authority shall provide reasons for its administrative or quasi-judicial decisions to affected persons. Every public authority shall provide reasons for its administrative or quasi-judicial decisions to affected persons. Every public authority shall provide reasons for its administrative or quasi-judicial decisions to affected persons. Every public authority shall provide reasons for its administrative or quasi-judicial decisions to affected persons. implies.”
Thus, both the ‘opinion/ advice’ and the ‘reasons for the administrative/ quasi judicial decisions’ are those which are available in the files/records and there is no obligation on the CPIO to provide the information which is non-est. The appeal is disposed of accordingly.
Sd/-
BASANT SETH
Information Commissioner
Citation: Mr. Sohan Lal Khindri S/o Sh. Ram Lal Khindri v. BSNL in File No.CIC/BS/A/2012/001399/3005