| 9 |
CICOM/A/E/21/00026 |
Ms. ROOP AVTAR KAUR |
16-02-2021 |
I. The information sought vide online RTI Application dated 30.01.2021 is as under:-
“1. How many times an Applicant can present First Appeal u/s 19(1) of the RTI Act 2005 before FAA.
2. How many times an Applicant can present the First Appeal more than once to FAA u/s 19(1) of the RTI Act 2005.
3. Where is option in RTI online for submitting First Appeal to FAA?â€
II. Reply dated 03.02.2021 of Shri Ram Kumar, CPIO (RTI Cell):-
“You may go through the RTI Act 2005 and RTI Rules 2012 available on public domain.
Applicant can file First Appeal through online. You may go through RTI request and Appeal Management System (RTI-MIS) which is available on public domain.
Central Information Commission is the second appellate authority for the RTIs filed with Ministries/Departments under Central Government and UTs of India.â€
III. Ground of First Appeal dated 15.02.2021:-
Provided incomplete, Misleading or false information.
IV. FAA Decision with reasons:-
On perusal of the First Appeal petition, RTI application and reply given by the CPIO, it is observed that the reply given by Shri Ram Kumar, CPIO (RTI Cell) is factual and as per the provisions of the RTI Act 2005.
As per decision of Hon’ble High Court of Delhi in the matter of Registrar of Companies &Ors vs. Dharemendra Kumar Garg & Ors [W.P.(C) 11271/2009], once information has been provided in public domain and on the website, the information is no longer held by or under the control of any public authority and hence, is no longer accessible as ‘right to information’.
Therefore, no intervention is required on behalf of the FAA in this matter.
V. The appeal is being disposed off accordingly. |
NA |