Appellant: Some Information Commissions constitute benches to decide the complaints and appeals; CIC: PIO having clarified that there has been no modification or amendment to the notification of 22.05.2009, no scope of any further action is pertinent
6 Jul, 2021Information sought and background of the case:
The Appellant filed RTI application dated 01.04.2019 seeking information pertaining to letter no 1/1/2009 -IR-dated 22.05.2009, including inter-alia:-
“It has been observed that Central Information Commission and some State Information Commissions still constitute benches to decide the complaints and appeals. In view of this please provide the following information.
1. Copy of letter under which the provisions of letter Dated 22/05/2009 as cited above has been modified or withdrawn.
2. If the provisions of the letter of 22/05/2009 still hold good action taken from time to time to ensure implementation of the directions issued as the nodal agency for effective implementation of the RTI Act.”
The CPIO provided the link of DoPT’s website to the appellant on 26.04.2019 for downloading the relevant Notifications/OMs& Orders/Act/Rules etc.
Being dissatisfied, the appellant filed a First Appeal dated 16.05.2019. FAA’s order dated June 2019 upheld the reply of CPIO.
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerging during Hearing:
The following were present:-
Appellant: Present through audio conference.
Respondent: Pawan Kumar, US & CPIO present through audio conference.
The Appellant stated that he is dissatisfied with the information provided to him as it is irrelevant to his query and moreover the FAA has also not issued a speaking order.
The CPIO submitted that since there has been no modification or amendment to the averred notification of 22.05.2009, a copy of the same was provided to the Appellant and to facilitate him further, all relevant and available notifications related to the RTI Act was indicated in their reply.
The Appellant argued that the CPIO has provided a copy of the notification which was not even asked for by him as he only wanted to know if this notification has been modified or not since he had learnt from certain sources that benches are being constituted in the Information Commissions for deciding appeals and complaints.
The CPIO asserted that he can only provide such information which is available in the records and apart from what has been already provided to the Appellant, he has no additional input to provide at this stage.
The CPIO asserted that he can only provide such information which is available in the records and apart from what has been already provided to the Appellant, he has no additional input to provide at this stage.
Decision
The Commission based on a perusal of the facts on record observes that the information sought for in the RTI Application is rather speculative in nature and the CPIO having clarified during the hearing that there has been no modification or amendment to the notification of 22.05.2009, no scope of any further action is pertinent in the matter.
In view of the foregoing, the Commission finds the contentions of the Appellant bereft of merit and upholds the submissions of the CPIO.
The appeal is disposed of accordingly.
Saroj Punhani
Information Commissioner
Citation: D C Gupta v. M/o Personnel, Public Grievances & Pensions, RTI Cell, Department of Personnel & Training in File No: CIC/MPERS/A/2019/134348, Date of Decision: 22/04/2021