FAA: the appellant had sought information to know what amount would be reimbursed in monetary terms in the TA claims under two different circumstances; the same is not available in material form, cannot be furnished - CIC: denial upheld

Facts:

1.The appellant, Shri. Jinath Mahto, submitted RTI application dated 3 May 2013 before the Central Public Information Officer (CPIO), Ministry of Finance, (Expenditure), New Delhi; seeking information regarding amount to be reimbursed in monetary items in specific cases by applying the provisions of Department of Expenditure O.M. No.19030/3/2008E. IV dated 23.9.2008 & 19.11.2008 etc., through a total of 2 points.

2. Vide reply dated 16 May 2013, CPIO denied information u/s 2 (f) read with 2 (j) of the RTI Act, 2005, stating that the public authority is required to provide information which is available in material form and is not bound to either create/generate information or to interpret or deduce conclusions from the information/material held in its possession and supply the conclusions so deduced to the Appellant. Since the information sought does not exist in material form, the same cannot be furnished to the appellant. Aggrieved by the decision of CPIO, the appellant preferred appeal dated 30 May 2013 before the first appellate authority (FAA). Vide order dated 13 June 2013, the FAA upheld the decision of CPIO and held that the appellant had sought information to know what amount would be reimbursed in monetary terms in the Travelling Allowances claims under two different circumstances, in respect of Taxi travel charges and food bills charges, by applying the provisions Department of Expenditure OM No. 19030/3/2008E. IV dated 23.9.2008 & 19.11.2008, and hence, the same is not available in material form, cannot be furnished to the appellant.

3. Not satisfied with the response of the public authority, the appellant preferred second appeal before the Commission.

4. The matter was heard today. The respondent submitted that the information sought does not exist in material form and the public authority is required to provide information which available in material form and is not bound to either create/generate information or to interpret or deduce conclusions from the information/material held in its possession, hence cannot be furnished to the appellant u/s 2 (f) read with 2(j) “right to information” means the right to information accessible under this Act which is held by or under the control of any public authority and includes the right to- (i) inspection of work, documents, records; (ii) taking notes, extracts or certified copies of documents or records; (iii) taking certified samples of material; (iv) obtaining information in the form of diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts where such information is stored in a computer or in any other device; of the RTI Act, 2005.

5. The Commission accepts the submission of the respondent and upholds the decision of CPIO/FAA. The appeal is disposed of.

(Manjula Prasher)

Information Commissioner

Citation: Shri. Jitnath Mahto v. Ministry of Finance, (D/oExpenditure) in Appeal: No. CIC/SS/A/2013/002602/MP