CIC: Appellant has misconceived the entire import of the RTI Act as well as the role of the First and Second Appellate Authority; Relief sought is transferring of the appeal to the “CVO/CIC” which is not maintainable request u/s 19(3) of the RTI Act
3 Nov, 2023Information sought:
The Appellant filed an RTI application dated 05.10.2021 seeking the following information:
“A. REQUEST FOR INFORMATION FROM PIO OF HOZ/NE/CBI SH N M SINGH WHO ISSUED LATEST RESPONSE DATED 04/10/2021 W.R.T RTI APPEAL CBIMH/A/E/21/00115 DATED 24/09/2021 DISPOSED ONLINE ON 05/10/2021.
(i) Kindly inform action taken and date of action taken on an email dated 25/07/2017 sent to spacgwh@cbi.gov.in with the subject - Email sent on 25/07/2017 at 1336 hrs to sphq@cbi.gov.in, Email sent on 22/07/2017 to ED/ERP Sh. Rajeev Kumar Goel, Email sent on 30/03/2017, 06/04/2017, 07/06/2017, 28/06/2017 and 30/06/2017 to DGP/Assam Police Sh. Mukesh Sahay, Email sent on 21/07/2014, 10/07/2015, 29/03/2017, 15/05/2017, 22/05/2017 and 21/07/2017 to SP/HQ/CBI, CBI/Guwahati letter dated 11/12/2013, 08/07/2015 and 12/05/2017, Directions dated 18/05/2015 by NHRC w.r.t case 483/3/24/2014.
(ii) Kindly inform action taken and date of action taken on an email dated 25/07/2017 sent to dda@cbi.gov.in with the subject - Email sent on 25/07/2017 at 1336 hrs to sphq@cbi.gov.in, Email sent on 22/07/2017 to ED/ERP Sh. Rajeev Kumar Goel, Email sent on 30/03/2017, 06/04/2017, 07/06/2017, 28/06/2017 and 30/06/2017 to DGP/Assam Police Sh Mukesh Sahay, Email sent on 21/07/2014, 10/07/2015, 29/03/2017, 15/05/2017, 22/05/2017 and 21/07/2017 to SP/HQ/CBI, CBI/Guwahati letter dated 11/12/2013, 08/07/2015 and 12/05/2017, Directions dated 18/05/2015 by NHRC w.r.t case 483/3/24/2014.
(iii) Kindly transfer RTI request under 9 series to PMO, MHA, CVC, and Railway
B. FACTS:
Kindly note the following RTI request (edited/updated text) -
Final Status of DOP&T/R/E/20/01748
Date of receipt 07/03/2020
1) Email dated 12/09/2013 was sent at about 1409 hrs to mospp@ nic.in (Current User Dr Jitendra Singh) with subject - Badly delayed disciplinary case against Sh Praveen Poddar, DyCEE/Coord/NFR commenced on 11/07/2011 by GM/CORE/ALD. Matter is now related to grievance PMOPG/E/2017/0401939 dated 26/07/2017 shown to be pending since 19/02/2018 with Shri Pramod Chandra Nath, DS/Assam (email ID pramodnathcms@gmail.com) who issued latest email response dated 06/03/2020 at 1157 hrs with subject Re: Criminal conduct of CVO/ITDC Sh Vinayak Garg, Email sent on 08/03/2018 to CSO/SWR Sh. Prem chand, Email sent on 22/05/2013 to CPO/SWR, Attempt to declare a railway officer mentally insane, FIR No. 393/13 at Jalukbari (Guwahati) Police station. The email informed that with reference to your grievance vide registration No. PMOPG/E/2017/0401939, it may be stated that your grievance is not lying pending with Chief Ministers Secretariat. In view of the above, an action history of registration No. PMOPG/E/2017/0401939 is attached herewith for your ready reference.
2) Matter is related to CVC Complaint 150242/2020/vigilance-1 dated 28/01/2020 against an official named Sh. Govind Mohan Status REQUEST DISPOSED OF as on 11/05/2020. Date of Action 11/05/2020.”
The CPIO furnished a reply to the appellant on 20.10.2021 stating as under:
“In this regard, this is to inform you that the RTI request made by you is vague. Hence, you are requested to make queries under RTI as per the provision of Section 2 of the RTI Act. Therefore, your RTI application mentioned above is disposed of from this end.”
Being dissatisfied, the appellant filed a First Appeal dated 23.10.2021 stating inter alia as under:
“CBIMH/A/2017/60040 forwarded to unknown FAA pending for online disposal. Related grievance DOPAT/E/2021/03153 dated 08/04/2021 has been referred to Secy/CVC Sh Otem Dai on 12/10/2021-21st attachment)
A RELIEF SOUGHT:
Referral to the competent authority for causing inquiry investigation w.r.t complaint dated 28/06/2017 submitted to Director CBI Sh Alok Kumar Verma against GM/NFR Sh Chahatey Ram for
(i) Fraud disciplinary case dated 11/07/2011 against the appellant and is related to CBI/New Delhi letter dated 9/04/2017
(ii) Fraud disciplinary case initiated on 12/06/2015 against the appellant and which is one day after forwarding dated 11/06/2015 of RTI request DOP&T/R/2015/62121 dated 09/06/2015 contributing to CVC Complaint 7827/2016 dated 09/02/2016
(iii) Repeated spoiling of APAR of the appellant on account of absence of corrective action in the last 16 months despite referral dated 12/05/2015 of CVC Complaint 46680/2014 dated 24/11/2014 to CVO/Delhi Police on 12/05/2015-RTI appeal DEPOL/A/2017/60374 dated 11/07/2016 has been referred to Crime Branclı and remains pending for online disposal.
(iv) Fraud disciplinary case dated 18/04/2017 and 16/08/2019 against appellant - On 18/04/2017, CBI/New Delhi issued letter w.r.t RTI request DEPOL/R/2017/50559 dated 11/03/2017
(v) Complete stoppage of salary from January 2017 to July 2019 after inappropriate disposal of NHRC case 8/3/9/2017.”
FAA’s order, dated 29.10.2021 upheld the reply of the CPIO.
Feeling aggrieved and dissatisfied, the appellant approached the Commission with the instant Second Appeal stating inter alia as under:
“1. RELIEF SOUGHT: Transfer of this entire second appeal to CVO/CIC Sh Rahul Rastogi w.r.t grievance DOPAT/E/2022/01077 dated 21/01/2022
2. GROUNDS FOR APPEAL:
(i) Response attached vide disposal of RTI request does not provide information or claims exemption from providing information, Rather it suppresses criminal sequence of events upto 20/10/2021. Resultant appeal dated 23/10/2021 disposed online on 29/10/2021 further suppresses continuing criminal sequence of events upto 29/10/2021 manifested in enquiry done on 29/10/2021 by CMM/G/ER Sh Sanjay Kumar w.r.t FRAUD disciplinary case dated 12/06/2015 against appellant despite the fact that appellant was away from HQ on account of medical emergency after informing his reporting officer on 24/10/2021.
(ii) This disciplinary case is related to grievance DOPAT/E/2022/00052 dated 02/01/2022 now shown to be under process with Sh TP sharma, OSD/CVC.
(iii) The grievance seeks disposal of CVC Complaint 20265/2016 dated 09/03/2016 against Sh Jishnu Barua presently working as Chief Secretary/Assam for causing inappropriate disposal of complaints since the Year 2014 manifested in FRAUD disciplinary case dated 11/07/2011 (CVC Complaint 12646/2015), repeated spoiling of APAR (CVC Complaint 10742/2015), illegal and coercive medical examination (CVC Complaint 2125/2016), second fraudulent disciplinary case dated 12/06/2015 (14008/2015 and commenced during pendency of CVC Complaint 10742/2015) and interruption to salary since October 2014 (CVC Complaint 5420/2016).
(iv) Letter dated 02/11/2021 was issued by Secy to GM/ICF addressed to CVO/Eastern Railway for recovery of damage rent recovery of more than Rs 7 lakhs for alleged unauthorized occupation of residential accommodation provided by ICF/Chennai. Matter is also related to CVC Complaint 191837/2022/vigilance-1 dated 21/01/2022 against Sh SP Beck, Ex-CVO/CIC referred to CVO/Railway Sh SK Tyagi on 27/01/2022 with allegation of misuse of official position.”
Relevant Facts emerging during Hearing:
The following were present:-
Appellant: Present through video conference.
Respondent: Anil Kumar Yadav, SP & CPIO present in person.
The Commission was hearing the instant matter simultaneously with another Appeal of the Appellant against the CPIO, Central Electricity Authority vide File No. CIC/CEATY/A/2022/610551 and the observations made thereunder were found to be applicable in the instant matter as well. Following were the observations and hearing proceedings:
“The Appellant was heard, however, the Commission remarked that none of his statements during the hearing or the material placed by him on record stipulate anything in coherent terms as to what “information” is being desired within the mandate 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; “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; what relief is being desired under the First & Second Appeal. It was also pointed out to him that his request in the RTI Application asking for the CPIO to transfer the RTI Application to a series of other public authorities is unwarranted.
The Appellant rebutted by arguing that while he agrees asking the CPIO to transfer the RTI Application to tens of other public authorities is not appropriate but at the same time is it also not “illegal”….
Decision:
In furtherance of the hearing proceedings, the following decision issued in File No. CIC/CEATY/A/2022/610551 is found to be squarely applicable to the facts of the instant case:
The Commission has placed verbatim the contents of the RTI Applications, First and Second Appeal filed by the Appellant above to highlight the extent of incoherence and disconnect evinced therein. In Second Appeal, the relief sought is transferring of the instant appeal to the “CVO/CIC” which is not even a maintainable request under Section 19(3) A second appeal against the decision under sub-section (1) shall lie within ninety days from the date on which the decision should have been made or was actually received, with the Central Information Commission or the State Information Commission: Provided that the Central Information Commission or the State Information Commission, as the case may be, may admit the appeal after the expiry of the period of ninety days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. of the RTI Act.
Similarly, in the RTI Application, what appears to be a standalone request to the CPIO to transfer his RTI Application to scores of other public authorities is not even permissible 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; “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 as it does not qualify as an act of seeking “information”. Here, the Appellant may take note of Section 6(1)(a) of the RTI Act which states as under:
‘6. Request for obtaining information -
(1) A person, who desires to obtain any information under this Act, shall make a request in writing or through electronic means in English or Hindi in the official language of the area in which the application is being made, accompanying such fee as may be prescribed, to -
(a) the Central Public Information Officer or State Public Information Officer, as the case may be, of the concerned public authority;’
In other words, if the Appellant wanted information from the ‘Railways, CVC, CBI, GNCTD and PMO’, it was incumbent upon him to have filed separate RTI Applications with each concerned public authority. Here, reference may be had of a full bench decision dated 22.09.2009 of the Commission vide File No.CIC/AT/A/2008/01280 in the matter of Ketan Kantilal Modi vs Central Board of Excise and Customs wherein it was held inter alia as under:
‘52. The arrangement of these two sub-sections of Section 6 leads to the inference that there are certain definitive expectations of due diligence from an information-seeker ⎯ about identifying the public authority where the requested information is known to be held. Section 6(3) castes an obligation on the CPIO to transfer an RTI-application filed under Section 6(1) to another public authority where the former knows the information is held ⎯ a fact which a petitioner was not expected to know given the circumstances. In other words, Section 6(3) is the exception to the general rule contained in Section 6(1) that a request for information should be filed before a public authority, which holds the information. The decision whether to transfer an RTI-application within the meaning of Section 6(3) is to be the CPIO’s given the circumstances of the matter…
53. It follows from it that when a petitioner is aware of the location of a given information vis-à-vis a public authority, it is not open to him to file his RTI- application before any other public authority in the expectation that this latter public authority would act under Section 6(3) to transfer his application to where the information was known to be held.’
For better understanding of the mandate of the RTI Act, the Appellant shall note the provision 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; “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 which is reproduced hereunder:
‘2. Definitions.—In this Act, unless the context otherwise requires,—
(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;..’
In this regard, the Appellant’s attention is drawn towards a judgment of the Hon’ble Supreme Court on the scope and ambit 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; “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 RTI Act in the matter of CBSE vs. Aditya Bandopadhyay & Ors.[CIVIL APPEAL NO.6454 of 2011] wherein it was held as under:
‘35. At this juncture, it is necessary to clear some misconceptions about the RTI Act. The RTI Act provides access to all information that is available and existing………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; “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, in the matter of Khanapuram Gandaiah vs Administrative Officer &Ors. [SLP (CIVIL) NO.34868 OF 2009], the Hon’ble Supreme Court held as under:
‘7….Public Information Officer is not supposed to have any material which is not before him; or any information he could have obtained under law. Under Section 6 of the RTI Act, an applicant is entitled to get only such information which can be accessed by the "public authority" under any other law for the time being in force. The answers sought by the petitioner in the application could not have been with the public authority nor could he have had access to this information and Respondent No. 4 was not obliged to give any reasons as to why he had taken such a decision in the matter which was before him….’
And, in the matter of Dr. Celsa Pinto, Ex-Officio Joint Secretary, (School Education) vs. The Goa State Information Commission [2008 (110) Bom L R 1238], the Hon’ble Bombay High Court held as under:
‘….. In the first place, the Commission ought to have noticed that the Act confers on the citizen the right to information. Information has been defined 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; “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; as follows.
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; “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;
The definition cannot include within its fold answers to the question why which would be the same thing as asking the reason for a justification for a particular thing. The Public Information Authorities cannot expect to communicate to the citizen the reason why a certain thing was done or not done in the sense of a justification because the citizen makes a requisition about information. Justifications are matter within the domain of adjudicating authorities and cannot properly be classified as information.’
Similarly, the Appellant is advised about the powers of the Commission under the RTI Act by relying on certain precedents of the superior Courts as under:
The Hon'ble High Court of Delhi in the matter of Hansi Rawat and Anr. v. Punjab National Bank and Ors. (LPA No.785/2012) dated 11.01.2013 has held as under:
‘6. ….proceedings under the RTI Act cannot be converted into proceedings for adjudication of disputes as to the correctness of the information furnished.’
The aforesaid rationale finds resonance in another judgment of the Hon’ble Delhi High Court in the matter of Govt. of NCT of Delhi vs. Rajender Prasad (W.P.[C] 10676/2016) dated 30.11.2017 wherein it was held as under:
‘6. The CIC has been constituted under Section 12 of the Act and the powers of CIC are delineated under the Act. The CIC being a statutory body has to act strictly within the confines of the Act and is neither required to nor has the jurisdiction to examine any other controversy or disputes.’
While, the Apex Court in the matter of Union of India vs Namit Sharma (Review Petition [C] No.2309 of 2012) dated 03.09.2013 observed as under:
‘20. …While deciding whether a citizen should or should not get a particular information “which is held by or under the control of any public authority”, the Information Commission does not decide a dispute between two or more parties concerning their legal rights other than their right to get information in possession of a public authority….’
The above precedents of various Courts are meant to assist the Appellant in exercising his right to information under the RTI Act in the future as the material placed on record through the instant case suggests that the Appellant has misconceived the entire import of the RTI Act as well as the role of the First and Second Appellate Authority. He clearly seeks to channelise a grievance through the channel of RTI Act without even adhering to any of the enabling provisions contained in the Act.
Having observed as above, the Appellant is advised to pursue his grievances before the appropriate forum and as for exercising his right to information under the RTI Act, the above-mentioned observations may be considered for future.”
Further, in matters related to the CBI, the Appellant may note that being an exempt organisation under Section 24(1) Nothing contained in this Act shall apply to the intelligence and security organisations specified in the Second Schedule, being organisations established by the Central Government or any information furnished by such organisations to that Government: Provided that the information pertaining to the allegations of corruption and human rights violations shall not be excluded under this sub-section: Nothing contained in this Act shall apply to the intelligence and security organisations specified in the Second Schedule, being organisations established by the Central Government or any information furnished by such organisations to that Government: Provided that the information pertaining to the allegations of corruption and human rights violations shall not be excluded under this sub-section: of the RTI Act, the CPIO is not bound to provide any information except as per the proviso to Section 24(1) Nothing contained in this Act shall apply to the intelligence and security organisations specified in the Second Schedule, being organisations established by the Central Government or any information furnished by such organisations to that Government: Provided that the information pertaining to the allegations of corruption and human rights violations shall not be excluded under this sub-section: Nothing contained in this Act shall apply to the intelligence and security organisations specified in the Second Schedule, being organisations established by the Central Government or any information furnished by such organisations to that Government: Provided that the information pertaining to the allegations of corruption and human rights violations shall not be excluded under this sub-section: of the RTI Act stating as under:
“24. Act not to apply to certain organizations.—
(1) Nothing contained in this Act shall apply to the intelligence and security organisations specified in the Second Schedule, being organisations established by the Central Government or any information furnished by such organisations to that Government: Provided that the information pertaining to the allegations of corruption and human rights violations shall not be excluded under this sub-section:…”
With the above observations and advisory, the appeal is disposed of.
The appeal is disposed of accordingly.
Saroj Punhani
Information Commissioner
Citation: Praveen Poddar v. CBI, CIC/CBRUI/A/2022/605866; Date of Decision: 20/09/2023