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SNo. Registration No Appellate Authority Name Received date Reply Appeal Reply Doc
1191 CICOM/A/E/23/00159 Ms. ROOP AVTAR KAUR 18-05-2023 Ref RTI No.- CICOM/R/E/23/00356 GROUNDS FOR FIRST APPEAL: The Appellant submitted first appeal stating that “The request was made as the decision was not accessible through the website. In reply, it is stated that a copy of the decision downloaded from the website is enclose. But it is not received. Instead our copy of request is enclosed. Kindly arrange the copy of the decision as mentioned in the reply.” DECISION OF THE FIRST APPELLATE AUTHORITY: The First Appeal, RTI application and reply given by CPIO of CIC have been perused. In the instant case, CPIO (DR to IC-HS) is directed to revisit the RTI application and provide a copy of the decision as mentioned by the CPIO in the RTI reply as per the provisions of the RTI Act, 2005 by 12.06.2023, free of cost. The appeal is disposed of accordingly. NA
1192 CICOM/A/P/23/00079 Ms. ROOP AVTAR KAUR 17-05-2023 आर. टी. आई. आवेदन, प्रदान की गई सूचना एवं प्रथम अपील का अवलोकन करने पर पाया गया कि अपीलकर्ता के आर.टी.आई. आवेदन सं. CICOM/R/P/23/00211 में सूचना मांगी थी जिसके प्रतिउत्तर में केंद्रीय जन सूचना अधिकारी द्वारा प्रेषित की गई सूचना, सूचना का अधिकार अधिनियम के प्रावधानों एवं मांगी गई सूचना के अनुसार ही है। अतः केंद्रीय जन सूचना अधिकारी द्वारा प्रदान की गई सूचना तथ्यात्मक है और इसमें प्रथम अपीलीय अधिकारी के हस्तक्षेप की कोई आवश्यकता नहीं है। NA
1193 CICOM/A/P/23/00080 Ms. ROOP AVTAR KAUR 17-05-2023 आर.टी.आई. आवेदन एवं प्रथम अपील का अवलोकन करने पर पाया गया कि अपीलकर्ता के आर.टी. आई. आवेदन सं CICOM/R/P/23/00198 के प्रतिउत्तर में कोई भी सूचना प्रदान नहीं की गई है। अतः केंद्रीय जन सूचना अधिकारी को यह निर्देश दिए जाता है कि वह अपीलकर्ता को आर.टी.आई. आवेदन सं. CICOM/R/P/23/00198 तहत मांगी गई सूचना दिनांक 29.05.2023 तक अपीलकर्ता को (फ्री ऑफ कॉस्ट) ऑफलाइन प्रेषित की जाये। NA
1194 CICOM/A/E/23/00158 Ms. ROOP AVTAR KAUR 16-05-2023 Ref RTI No.- CICOM/R/E/23/00419/1 GROUNDS FOR FIRST APPEAL: The Appellant submitted first appeal stating that “An appeal under RTI no. CICOM/R/E/23/00419/1 The CIC which issues Orders and decisions for the whole nation cannot breach its own Order & decision as per the conditions / circumstances. Under case no. CIC/WPCSL/C/2019/635318 where it is provided by the CIC that Even if the complainant had filed 47 applications, it is the duty of the officer under the provisions of the RTI Act to deal with each application separately, thereby, furnish a separate PHOTOCOPY of the decision under the case no. CIC/PMOIN/A/2022/665690. . It will be considered as a crime if Breach of the CIC Order is made.” DECISION OF THE FIRST APPELLATE AUTHORITY: The First Appeal, RTI application and reply given by CPIO of CIC have been perused. As per Section 2(f) of the 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 collate information that is not a part of the record. Accordingly, the reply given by the CPIO is appropriate and as per the provisions of the RTI Act, 2005. Hence, no intervention is required on behalf of the FAA in this matter. The appeal is disposed of accordingly. NA
1195 CICOM/A/E/23/00157 Ms. ROOP AVTAR KAUR 15-05-2023 Ref RTI No.- CICOM/R/E/23/00376 GROUNDS FOR FIRST APPEAL: The Appellant submitted first appeal stating that no response within the time limit. “Dear Sir, I am preferring this first appeal with a heavy heart. Central Information Commission is the Apex Body insofar as the implementation of the provisions of the RTI Act 2005 is concerned. In other words, CIC is the Watch Dog Organization, one of the duties of which is to ensure the scrupulous implementation of the provisions of the RTI Act 2005 in letter and spirit by the Public Authorities as well as the PIOs under the PAs. Unfortunately, the PIO in the Apex Body itself is not adhering to the time limit stipulated in Section 7(1) of the RTI Act 2005. What to say about the working of the PIOs in various PAs? Kindly refer to my RTI application dated 13-04-2023. Since the information sought for is not supplied within the time limit of 30 days, my RTI application is deemed to be rejected by the PIO under Section 7(2) of the RTI Act 2005. Further, Section 6(3) speaks about transfer of RTI application from one PIO to another and the time limit stipulated is five days. I filed the RTI application on 13-04-2023, but the transfer was effected (one PIO to another) only on 19-04-2023. Here also, the provisions contained in Section 6(3) of the RTI Act 2005 are not adhered to. I think that the PIO to whom my RTI application is transferred (viz Shri R K Rao) may be under the impression that he may take 30 days from 19-04-2023 onwards. If my assumption is correct, Mr Rao is not correct since the RTI Act 2005 says that the information needs to be given within a period of 30 days from the date of receipt of the RTI application and not from the date of receipt of the application to the PIO to whom the application is transferred. Be that as it may. Inasmuch as I have not received the information within the time limit stipulated in the RTI Act 2005, I request the First Appellate Authority to direct the PIO concerned to supply me the information without any further loss of time, on free of cost basis, under Section 7(6) of the RTI Act 2005.” DECISION OF THE FIRST APPELLATE AUTHORITY: The First Appeal and the RTI application have been perused. CPIO (DR to IC-UM) is directed to reply to the RTI application as per the provisions of the RTI Act, 2005 by 07.06.2023, free of cost. The appeal is disposed of accordingly. NA
1196 CICOM/A/E/23/00155 Ms. ROOP AVTAR KAUR 14-05-2023 ऑनलाइन आर.टी.आई. आवेदन, प्रदान की गई सूचना एवं प्रथम अपील का अवलोकन करने पर पाया गया कि अपीलकर्ता के आर.टी.आई. आवेदन सं. CICOM/R/P/23/00443 में सूचना मांगी थी जिसके प्रतिउत्तर में केंद्रीय जन सूचना अधिकारी द्वारा प्रेषित की गई सूचना, सूचना का अधिकार अधिनियम के प्रावधानों एवं मांगी गई सूचना के अनुसार ही है। परंतु अपीलकर्ता ने 7 बिंदुओं पर सूचना मांगी थी जबकि केंद्रीय जन सूचना अधिकारी ने केवल सूचना दी है अतः केंद्रीय जन सूचना अधिकारी (DR to CIC) को यह निर्देश दिए जाता है कि वह अपीलकर्ता को आर.टी.आई. आवेदन सं. CICOM/R/E/2023/00443 के तहत बिंदुवार सूचना 10 दिन के भीतर दिनांक 29.05.2023 तक अपीलकर्ता को (फ्री ऑफ कॉस्ट) प्रेषित की जाये। NA
1197 CICOM/A/E/23/00154 Ms. ROOP AVTAR KAUR 13-05-2023 Ref RTI No.- CICOM/R/E/23/00369 GROUNDS FOR FIRST APPEAL: The Appellant submitted first appeal stating that “Dear Sir/ Madam, This has reference to my online RTI application (Registration Number: CICOM/R/E/23/00369 dated 12.04.2023) with Central Information Commission. [Copy of my RTI Request, along with annexure, is attached herewith for your ready reference.] It may further be noted that I have not yet received any reply to my RTI request within the stipulated time period. In view of above, your intervention is requested to kindly arrange to provide proper replies to all the points mentioned in my RTI application.” DECISION OF THE FIRST APPELLATE AUTHORITY: The First Appeal, RTI application and reply given by CPIO of CIC have been perused. As per Section 2(f) of the 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 collate information that is not a part of the record. In the instant case, the appellant submitted the first appeal on 13.05.2023, whereas the CPIO has replied to the RTI application on 15.05.2023. Accordingly, the reply given by the CPIO is appropriate and as per the provisions of the RTI Act, 2005. Hence, no intervention is required on behalf of the FAA in this matter. The appeal is disposed of accordingly. NA
1198 CICOM/A/E/23/00151 Ms. ROOP AVTAR KAUR 12-05-2023 Ref RTI No.- CICOM/R/E/23/00435/1 GROUNDS FOR FIRST APPEAL: The Appellant submitted first appeal stating that “A: RELIEF SOUGHT: Transfer of this RTI appeal with appropriate inputs to (i) CVO/CIC w.r.t CVC Complaint 13962/2023 dated 28/04/2023 against Chief Information Commissioner Sh Y K Sinha who as per media reports dated 10/05/2023 (Shillong Times) stated that there are certain mischievous elements that try to use the RTI Act to harass and blackmail public authorities. Similar grounds were by CVC and Railway in the Year 2017 to cause the issuance of a minor penalty chargesheet dated 24/11/2017 and resultant fraud punishment dated 25/04/2018 of CENSURE with no entry in the service records of appellant provided by N F Railway, ICF/Chennai, and Eastern Railway. (ii) CVC w.r.t online RTI request CVCOM/R/T/23/00050 dated 28/04/2023 shown to be under process since 01/05/2023 with Director/CVC Ms Priyanka Singh who has been dealing with RTI requests and CVC complaints of the appellant in a criminal manner since June 2021 (iii) CBI w.r.t online RTI appeal CBIMH/A/E/23/00068 dated 09/05/2023 (iv) Railway w.r.t online RTI appeal MORLY/A/E/23/00411 dated 02/05/2023 B. GROUNDS FOR APPEAL: (i) No ink/digitally signed document from PIO is found attached with the disposal of the RTI request meaning thereby that an unknown criminal is dealing/operating online RTI requests as seen from the Year 2014 onwards. The signature shown in the document is an image that is not valid in an online medium. (ii) Name of specific official dealing/processing Diary Number 613477 has not been provided. (iii) With respect to the registration of complaint sought to vide Diary Number 613477 dated 14/03/2023, there have been repeated attempts since 07/02/2023 to return it w.r.t earlier Diary Numbers 606840 and 612173. Even after compliance with observations in the last two Diary Numbers, the complaint has not been registered with criminal intentions C. FACTS - Kindly note the following RTI appeal (edited/updated text) - CICOM/A/2014/60045 dated 08/10/2014 1) On account of the blatant violation of sections 7(1) and 19(6) of the RTI Act by the Vigilance Directorate of Railway Board under the Ministry of Railways, the matter was reported to CVC on 03/08/201. CVC was investigating the matter vide complaint 18464/2014. 2) Ministry of Railways disposed of RTI appeal MORLY/A/2014/60924 dated 29/07/2014 on 27/05/2021. In the appeal, lapses in 59 RTI cases were attached. 3) Ministry of Railways disposed of RTI request MORLY/R/2013/61390 dated 30/09/2013 on 29/05/2017 Status APPEAL DISPOSED OF as of 19/12/2014 Date of Action 19/12/2014 Remarks Reply:- The CPIO, DR to IC(VS) has already responded on 08.10.14 stating that the copy of the letter of Railway Board dated 10.02.14 has been received and the status of the action taken thereon has been already informed by him to the appellant. In view of the above, the available information in the Commission has been provided by the CPIO. The appeal is disposed of accordingly.” DECISION OF THE FIRST APPELLATE AUTHORITY: The First Appeal, RTI application and reply given by CPIO of CIC have been perused. As per Section 2(f) of the 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 collate information that is not a part of the record. Accordingly, the reply given by the CPIO is appropriate and as per the provisions of the RTI Act, 2005. Hence, no intervention is required on behalf of the FAA in this matter. The appeal is disposed of accordingly. NA
1199 CICOM/A/E/23/00152 Ms. ROOP AVTAR KAUR 12-05-2023 Ref RTI No.- CICOM/R/E/23/00463 GROUNDS FOR FIRST APPEAL: The Appellant submitted first appeal stating that “I am filing the appeal on the following ground. The CPIO reply to point number 1 states that Certified copies submission/explanation submitted by the CPIO dated 06.04.2023 received vide dairy no 116893 dated 12.04.2023 related to file no CIC/NMCOM/C/2022/633889 is being attached. (3 Pages) However there is no attachement of NMC CPIOs reply in the reply file. 1. THE CPIO of CIC replied that 3 pages document(s) are attached with the reply letter. however, the 3 pages attachment is missing. hence the CPIO of CIC has given incomplete information to me (Copy of the reply received from CPIO of CIC is attached with this appeal as pdf) Hence, I request you to provide me the 3 pages document(s) with me ( dairy no 116893 dated 12.04.2023 related to file no CIC/NMCOM/C/2022/633889 is being attached. (3 Pages).” DECISION OF THE FIRST APPELLATE AUTHORITY: The First Appeal, RTI application and reply given by CPIO of CIC have been perused. In the instant case, CPIO (DR to IC-HS) is directed to revisit the point no. 1 of the RTI application and provide the certified copies of 3 pages as mentioned by the CPIO in the RTI reply as per the provisions of the RTI Act, 2005 by 06.06.2023, free of cost. The appeal is disposed of accordingly. NA
1200 CICOM/A/E/23/00150 Ms. ROOP AVTAR KAUR 11-05-2023 Ref RTI No.- CICOM/R/E/23/00336 GROUNDS FOR FIRST APPEAL: The Appellant submitted first appeal stating that “Information for point number 3 has been provided incorrectly. I would like to clarify the information I asked for : Please provide the details of the date of registration of the cases currently coming up for hearing.” DECISION OF THE FIRST APPELLATE AUTHORITY: The First Appeal, RTI application and reply given by CPIO of CIC have been perused. As per Section 2(f) of the 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 collate information that is not a part of the record. Accordingly, the reply given by the CPIO is appropriate and as per the provisions of the RTI Act, 2005. Hence, no intervention is required on behalf of the FAA in this matter. The appeal is disposed of accordingly. NA