Appellant: as ‘opinion’ is included in the definition of ‘information’ u/s 2(f), the opinion of PIO on certain matter was asked - CIC: it means an opinion available in the records of Public Authority & not PIO’s opinion about a subject raised by appellant

FACTS

The appellant is represented by one Mr. Kalpendra Kumar. The Public Authority is represented by Ms. Renu Sharma, DDE/PIO(South), Ms. Anita Bharal, DDE(S), Dte. Of Education, GNCTD, Delhi.

2. The appellant has filed the appeals, which include one complaint in which the Public Authority is same and hence heard together today.

(i)File No.CIC/AD/A/2013/001328SA

(ii)File No.CIC/AD/A/2013/001330SA

(iii)File No.CIC/AD/C/2013/001090SA

3. The appellant is the son of Mr. Dhan Pal Singh, PG Teacher (Commerce) posted at G.B.Pant S.B.Vidyalaya. Srinivaspuri, New Delhi against whom disciplinary proceedings are going on for alleged disobedience and dereliction of duties. On the other hand, the respondent authority submitted that all the questions in file No. (i) above are interrogatory in nature. Mr. Dhan Pal Singh was suspended and the inquiry report against him is presently under submission to the competent authority for final decision. In the meanwhile, his son, who is the appellant in this case, is raising RTI questions which pertain to the correspondence made in the disciplinary proceedings. Regarding the appellant’s RTI application in file No.(ii) above, the Respondent/PIO submitted that they have furnished all the information desired by the appellant. They have again refurnished the information after FAA had ordered. Regarding the complaint in file No. (iii) above, the Respondent/PIO said that the information sought by the complainant/appellant is in the form of query/opinion of PIO, most of the questions being verifications regarding documents in inquiry.

4. Having heard the submissions from both sides, the Commission feels that the questions in file Nos.(i) are in the shape of interrogation and these do not fall under the definition 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; “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. RTI Act cannot be used to run a parallel inquiry along with the disciplinary proceedings going on in the case of the appellant’s father. It is a case of interrogation by a person who is accused of certain charges. FAA has rightly upheld the order of PIO in this case. With regard to appeal No.(ii), the information sought has already been provided. As regards the appellant’s complaint in file No.(iii), the complainant is raising the question based on the definition of information 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; and he says that because ‘opinions’ are included in the definition, he can seek the opinion of PIO on certain matters. His contention is not acceptable to the Commission because the expression under the definition “Information” u/s 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; of the Act, means an opinion available in the records of the Public Authority and not the opinion of PIOs or Department about the subject raised by appellant.

5. In CBSE Vs. Aditya Bandoupadhyay & Ors. [C.A. No.6454/2011], the Hon’ble Supreme Court of India has observed that – “A public authority is 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; 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.”

6. In view of the reasons stated above, the Commission dismisses the two appeals and the complaint relating to the 3 files mentioned above.

(i)File No.CIC/AD/A/2013/001327SA ,

(ii)File No.CIC/AD/A/2013/001329SA

(iii)File No.CIC/AD/A/2013/001331SA

7. The appellant is seeking information (i) on the cause of suspension of his father Mr. Dhan Pal Singh, copy of the CCS(CCA) Rules applicable (ii) about a wall constructed in the school building, details of fund used and approval of relevant authorities for the same etc. and (iii) certified copy of the show cause notice dated 29-4-2011 issued to his father. The respondent/PIO submitted that information in respect of all the three appeals has been furnished and that, in fact, the appellant’s father refused to receive the show cause notice and the same notice is being asked through his son, the appellant, via RTI application. The Show Cause Notice has been sent to Mr. Dhan Pal Singh by speed post as well as by hand delivery.

8. The appellant’s representative raised the question of delay in furnishing the information and insisted on imposing penalty on the respondent/PIO. The respondent/PIO submits that there is no delay and the information was already given earlier in response to the RTI application. Since the FAA ordered to give it again, it was refurnished to the appellant on 22-4-2014.

9. In view of the above, as the information sought by the appellant in the three appeals mentioned above, stands furnished completely, the appeals in the three files mentioned above, are closed and disposed of accordingly.

(M.Sridhar Acharyulu)

Information Commissioner

Citation: Mr. Yashpal Singh Vs. Dte. of Education, Delhi in (1) File No.CIC/AD/A/2013/001327SA (2) File No.CIC/AD/A/2013/001328SA (3) File No.CIC/AD/A/2013/001329SA (4) File No.CIC/AD/A/2013/001330SA (5) File No.CIC/AD/A/2013/001331SA (6) File No.CIC/AD/C/2013/001090SA