| 51 |
CICOM/A/E/21/00003 |
Ms. ROOP AVTAR KAUR |
08-01-2021 |
I. The appellant had submitted an online RTI application on 01.12.2020to DoPT, who forwarded the same to CIC on 08.12.2020 to provide information/reply to questions no. 4,7,10 & 11. The said four questions are reproduced below.
“When the CIC has declared six national political parties as public authority, no one can take a position contrary to that unless the order of the CIC has been overturned by the Supreme Court or High Courts.
Q4A) Please provide the status of this order as on today.
Q4B) If there is a deviation, details of action taken by DoPT?
7) Please provide the following details for the years 2005-06, 2006-07, 2007-08, 2008-09, 2009-10, 2010-11, 2011-12, 2012-13, 2013-14, 2014-15, 2015-16, 2016-17, 2017-18, 2018-2019, 2019-2020, 2020-21
Year wise details needed: Application, Appeal, Show cause, No. of penalty cases, No. of Compensation cases.
10) Please provide the following details for the years 2005-06, 2006-07, 2007-08, 2008-09, 2009-10, 2010-11, 2011-12, 2012-13, 2013-14, 2014-15, 2015-16, 2016-17, 2017-18, 2018-2019, 2019-2020, 2020-21
Details of annual reports (including date of receipt for each year) received from CIC year wise for the above mentioned years.
11) Please provide the following details for the years 2005-06, 2006-07, 2007-08, 2008-09, 2009-10, 2010-11, 2011-12, 2012-13, 2013-14, 2014-15, 2015-16, 2016-17, 2017-18, 2018-2019, 2019-2020, 2020-21
1) Details of annual reports placed (date of lying) before each house of parliament for each year received from CIC year wise for the above mentioned years.
2) Please provide the details of discussion if any for each year.â€
II. The CPIO Shri Ram Kumar has given the following reply on 06.01.2021.
QUOTE
On perusal of your RTI application, it is observed that the information asked for is of various nature and pertains to the different sections of CIC. In this regard, it is worth mentioning here that the CIC in its decision No.CIC/WB/A/2008/01256 dated 18.07.2008 (Wasi-ul-Hquaue Vs. UPSC) has held, “..... as per section 6(1) read with section 7(1) of the Act, a request means that the questions and the answers must share an embryonic relationship, the genus of the application must be one and sub questions can constitute different species of the same genus.†So if you wish to get any information, you are requested to file Application separately for different types of information.
UNQUOTE
III. The appellant in his First Appeal dated 08.01.2021 has requested to instruct PIO to give complete information as requested in his RTI application.
IV. The undersigned have examined the questions 4, 7, 10 & 11 of the RTI application, the reply sent by the CPIO and the First Appeal petition.
Shri Ram Kumar, CPIO is hereby directed to revisit the reply given and to provide to the Appellant whatever information available with the Commission in respect of Q.4, 7, 10 & 11 in the form of soft copies, within 10 days from the date of receipt of this decision.
V. The appeal is being disposed of accordingly. |
NA |
| 60 |
CICOM/A/E/21/00001 |
Ms. ROOP AVTAR KAUR |
05-01-2021 |
I. The information sought by the applicant vide RTI application No. CICOM/R/E/20/ 00999 dated 03.12.2020, and the answers/information provided vide letter dated 24.12.2020 by Shri S.K.Chitkara, CPIO, CIC are reproduced below.
1. Provide the certified copies of action report or issue letter by Central Information Commission for not compliance of his order dated 20 February 2020 by CPIO in Notice File number CIC MHFW C 2018 158988 and CIC MHFW A 2018 158405 and CIC MHFW A 2018 158019 and CIC MHFW A 2018 158018 and PHRCI A 2018 147441.
3. Provide the certified copies of issue letter under section 20 sub 2 of RTI act 2005 against above CPIO of Ministry of Health Family Welfare govt of India and Pharmacy Council of India
REPLY of CPIO 1&3:
Copy of letter no.CIC/Penalty/2020/ CR-2/158988 dated 04.06.2020 in Second Appeal No. CIC/MOHFW/C/ 2018/158988 is enclosed in respect of 1&3 of RTI Application. Regarding other three cases mentioned in the RTI application, no non-compliance action has been taken so far.
2. Provide the certified copies of rules and competent Authority for submit complaint regarding not complied the Hon’ble Central information Commissioner order dated 20 February 2020 by CPIO Ministry Of Health and Family Welfare govt of India and Pharmacy Council of India.
REPLY of CPIO:
It is informed that action has been taken as per provisions of RTI Act, 2005.
4. Provide the hearing date and certified copies of notice of Dairy number 675637 Diary Date 27 June 2020
REPLY of CPIO:
No date of next hearing has been fixed.
5. Provide the hearing date and certified copies of notice of Dairy number 671530 Diary Date 24 May 2020
REPLY of CPIO:
No date of next hearing has been fixed.
6. Provide the hearing date and certified copies of notice of Dairy number 670802 Diary Date 17 May 2020
REPLY of CPIO:
No date of next hearing has been fixed.
7. Provide the provisions for decide second appeal in 1 year by CIC after many High court and Supreme Court orders.
REPLY of CPIO: -
II. The applicant has submitted First Appeal on the following grounds:
a) The CPIO not provided point-wise information in a proper format.
b) CPIO not provided the information of point no 1 which is a matter related to non-compliance of the CIC order.
c) The CPIO not provided information on points 2, 3 & 7 as per the RTI request.
III. On perusal of the First Appeal petition, RTI application and reply given by the CPIO, it is observed that the information provided by Shri S.K.Chitkara, CPIO, CIC in respect of points 1-6 is as per the provisions of the RTI Act, 2005.
As regards point-7, the CPIO is directed to give a suitable reply to the Appellant. However, as per Section 2(f) of RTI Act, 2005 only such information as is available and existing and held by the public authority or is under control of the public authority can be provided by a PIO. The PIO is not supposed to create or collect information that is not a part of the record. He is also not required to interpret information or decision of CIC.
The Appellant can peruse present status in respect of points 4, 5 & 6 on the website of CIC under “Citizen Servicesâ€. Therefore, no intervention is required on behalf of the FAA in this matter.
IV. The appeal is being disposed of accordingly. |
NA |
