CIC: Issues raised reek of vindictive & interrogative arguments; Appellant is asking PIO to justify why no action was taken on his email complaints; Grounds concerning annual reports, accountability to Parliament etc are extraneous arguments in the matter

CIC: The issues raised reek of vindictive and interrogative arguments, none of it concerning the mandate of the RTI Act; The Appellant is asking the CPIO to justify why no action was taken on his email complaints; Grounds concerning annual reports, accountability to Parliament etc. are deemed as absolutely extraneous arguments in the matter

CIC: Appellant advised to exercise his right to information in an informed and judicious manner in the future; Appellant further advised to pursue the grievances before the appropriate forum

CIC: PIO is directed to ensure that the contents of the RTI Application(s) are perused with due diligence in the future so as to avoid causing unwarranted confusion to the RTI Applicants

Information sought:

The Appellant/Complainant filed an RTI application dated 04.04.2022 seeking the following information:-

“Complaints were made to the Lokpal by email February 2020 after the evidences were received in January 2020. Lokpal Complaint Rules were applied retrospectively to suppress my complaints and to aid and abet fraudster and conspiring MAK servants. Names and designations of persons it) directly applying retrospectively in respect of each of those complaints may be informed Similar details of the persons responsible to reform ne bf the status of the complaint may be advised - lull and complete details may be offered to enable me to me a valid complaint to Lokpal and 'thee complaints.

Further the annual report of Lokpal for 2019-20 and other years does not mention the work done of applying Lokpal Complaint Rules retrospectively. The names and designations of persons responsible to furnish details of my complaints and to gather details of my complaints and other complaints and to draft and finalize the said annual report to ensure accountability may also be furnished similarly.”

The CPIO furnished a reply to the appellant/complainant on 09.05.2022 stating as under:-

“Please refer to your online RTI Appeal dated 04/04/2022, first of all, the delay in providing the information is sincerely regretted. Further, with reference to your RTI application dated 04/04/2022, it is hereby informed that perhaps no action was taken against your complaints referred in the RTI application, due to shifting of the office at the relevant time. Moreover, it is also mentioned that no such instruction was issued by this office to register the complaint on the e-mail i.e. lokpal.registry@gov.in . However, as per Section 2(e) of the Lokpal and Lokayuktas Act, 2013 Complaint' means a complaint, made in such form as may be prescribed. alleging that a public servant has committed an offense punishable under the Prevention of Corruption Act, 1988 (49 of 1988) 'Form' for complaint has now been notified on 02.03.2020. It is available on the website of Lokpal of India i.e. https://lokpal.eov.in with Lokpal (Complaint) Rules 2020. Guidelines for filling the complaint are also available on the website.”

Being dissatisfied, the appellant filed a First Appeal dated 10.05.2022. FAA’s order, dated 31.05.2022 is as under:-

“Please refer to your RTI application (Registration No.- LOKPL/R/E/22/00087 dated 04/04/2022) under the RTI Act,2005, received through RTI online portal.

In this regard, it is intimated that I have gone through the entire records available and noted that the CPIO & US, Lokpal of India has rightly replied to you that on your earlier complaints by email in February 2020, no action was taken against your complaints referred in the said RTI application, perhaps due to multiplicity/similar complaint. Further, as per our records your two complaints SI. No. 1112/2019 & 1139/2019 were received and the same was placed before the Hon'ble Bench of the Lokpal of India and necessary orders were passed therein (copy enclosed for ready reference).

3. Further, it may be noted that in order to properly examine the complaints, the Lokpal (Complaint) Rules,2020 were notified. However, you are advised to file your complaint still if wants to file, in terms of the provision of the Lokpal (Complaint) Rules 2020, if yet not teen 's filed by you at the e-mail complaint-tolokpal@gov.in or directly through Lokpal online portal i.e. https:// lokpalonline.gov.in Further, in view of the above facts, no further information could be furnished. Now, therefore, the present appeal dated 10.05.2022 is disposed of.”

Feeling aggrieved and dissatisfied, the appellant approached the Commission with the instant Second Appeal & Complaint stating inter alia as under:

“Originally I was informed by email that my complaints emailed in in Feb 2020 to Lokpal were not considered as the Lokpal Complaint Rules was applied retrospectively and names of persons responsible for the same and the names and designations of persons responsible to furnish details of my complaints and to gather details of my complaints and other complaints and to draft and finalise annual reports to Parliament of Lokpal to ensure accountability may also be furnished

2) Names and other details of the following delinquents were asked for in my application LOKPL-R-E-22-00087 (FIRST APPEAL LOKPL-A-E-22-00012);

• Who applied the rules retrospectively, And

• Who was responsible for the annual reports of Lokpal under Sec 48 Lokpal Act and who failed to report this to Parliament

3) The CPIO came with another version ie ;

• 3.1) the electronic complaints forwarded by email were misplaced on account of physical shifting

• 3.2) and refused to offer names\

4) This raised a new question – who is responsible for misplacement of electronic data? --- (in addition names of those responsible for false entries in annual report of Lokpal – eg electronic and cloud records missing in physical shifting of office). In eg CIC/NRAMC/A/2017/605185 attached the CIC also misplaced records and fabricated false proceedings and false orders to aid and abet fraudsters.

5) Neither the FAA nor the CPIO mentioned the names which were among the information asked

6) The letter spirit and provisions and objects of RTIA were wilfully flouted, false reports placed before parliament under Lokpal Act and the names are still not mentioned.

7) The matter of flouting laws of accountability to Parliament is being flouted with impunity even by CPIOs and FAAs of Lok and Rajya Sabha secretariats and these include;

• 7.1) annual reports under Sec 619A/394, Companies Acts 1956/2013 since 1956 eg fraud and conspiracies in CPSUS since 1980s, CAG, public servants, auditors conspiring with fraudsters and also legal aid Counsels etc

• 7.2) annual reports under Sec 461 Companies Act 2013 and its predecessor act since 1956 eg Satyam Computers, NSEL fraud, MCX fraud, CG Power, DHFL, ILFS etc

• 7.3) annual reports under Securities Contracts Regulations Act 1956 and SEBI Act eg National Stock exchange colocation etc

• 7.4) Sec 40(5) NHB Act – DHFL fraud

• 7.5) Sec 25 RTIA • Etc

8) Even misleading reports are placed before Parliament. and fraud is perpetrated in RTIA proceedings to enable continued flouting of laws of accountability…”

Relevant Facts emerging during Hearing:

The following were present:-

Appellant/Complainant: Present through video conference.

Respondent: Prateek Sharma, CPIO present through intra-video conference.

The Appellant/Complainant was heard at length, the sum and substance of his arguments can be gathered from the grounds of appeal/complaint mentioned above which was seeking to know the names and designation of officers who were responsible for applying retrospective effect of the Lokpal Complaint Rules to his averred email complaints.

The CPIO reiterated the reply provided to the Appellant/Complainant.

Decision:

The Commission based on a perusal of the facts on record observed that the RTI Application, the issues raised in the Appeal/Complaint reek of vindictive and interrogative arguments, none of it concerning the mandate of the RTI Act or the jurisdiction of the CPIO or that of the FAA or the Commission under the RTI Act. The Appellant through the channel of RTI Act is asking the CPIO to justify why no action was taken on his email complaints and as he was informed in the CPIO’s reply about some shifting of office premises etc., in his Second Appeal and Complaint, the Appellant/Complainant appears to have resolved to interpret that part of the CPIO’s reply as a fresh issue for consideration by conveying that his email complaints (electronic data) could not have been misplaced in the office shifting process. The Commission is, therefore, not inclined to entertain the said grounds of complaint/second appeal while the grounds concerning annual reports, accountability to Parliament etc. are deemed as absolutely extraneous arguments in the matter.

For better understanding of the mandate of the RTI Act, the Appellant/Complainant shall note that outstretching the interpretation 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; of the RTI Act to include deductions and inferences to be drawn by the CPIO is unwarranted as it casts immense pressure on the CPIOs to ensure that they provide the correct deduction/inference to avoid being subject to penal provisions under the RTI Act. For the sake of clarity, 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; of the RTI Act 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/Complainant’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; 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; 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.” (Emphasis Supplied)

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….” (Emphasis Supplied)

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; 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;

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.” (Emphasis Supplied)

Similarly, the Appellant/Complainant 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."(Emphasis Supplied)

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….” (Emphasis Supplied)

The Appellant/Complainant is therefore advised to exercise his right to information in an informed and judicious manner in the future. He is further advised to pursue the grievances before the appropriate forum. The CPIO is also directed to ensure that the contents of the RTI Application(s) are perused with due diligence in the future so as to avoid causing unwarranted confusion to the RTI Applicants.

The appeal/complaint is dismissed accordingly.

Saroj Punhani

Information Commissioner

Citation: Sudaresan v. Lokpal of India, CIC/DOP&T/A/2022/638377, +/639507, Date of Decision: 24/07/2023