CIC: Initially the information was denied by PIO stating that the information sought does not involve any public interest - CIC upheld the reply of FAA that since the points raised are interrogative in nature, information cannot be provided; PIO cautioned
8 Dec, 2022Information Sought
The appellant has sought the following information:
1. (i) Whether reply has been given to Heave Vehicles Factory, Avadi, Chennai (HVF) letter No. 01265 /LB/RECT/IFT/GRV/2019 dated 17-05-2019.
(ii) Whether information / documents have been furnished?
(iii) lf yes, then provide copies of the documents so furnished.
2. (i) Whether reply has been given to HVF letter No. 01265 /LB/RECT/IFT/GRV/2019 dated 07-08-2019.
(ii) Whether information / documents have been furnished?
(iii) lf yes, then provide copies of the documents so furnished.
3. (i) Whether reply has been given to HVF letter No. 01265 /LB/RECT/IFT/GRV/2019 dated 16-12-2019.
(ii) Whether information / documents have been furnished?
(iii) lf yes, then provide copies of the documents so furnished.
4. And other related information.
Grounds for filing Second Appeal
The CPIO did not provide the desired information.
Submissions made by Appellant and Respondent during Hearing:
The appellant submitted that he is not satisfied with the reply of the CPIO as the sought for information was not given. The CPIO was not present at the VC venue despite due service of notice on 21.10.2022 vide speed post acknowledgment no. ED236958973IN.
Observations:
From a perusal of the relevant case records, it is noted that initially the information was denied by the CPIO while stating that the information sought does not involve any public interest and therefore cannot be provided. Thereafter, the FAA had appropriately stated that since the points raised are interrogative in nature, the information cannot be provided. The Commission does not find any flaw in the reply of the FAA as the queries raised by the appellant are not covered 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; of the RTI Act, hence, no relief can be given. However, the CPIO should have provided a correct reply. He is cautioned to be careful in future.
Decision:
In view of the above, no action lies.
The appeal is disposed of accordingly
Vanaja N. Sarna
Information Commissioner
Citation: E Elumalai v. Ordnance Factory, Yeddumailaram, File No. CIC/IARMY/A/2021/132029, Date of Decision: 02.11.2022