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SNo. Registration No Appellate Authority Name Received date Reply Appeal Reply Doc
1511 CICOM/A/E/22/00267 Ms. ROOP AVTAR KAUR 10-11-2022 Ref RTI No. - CICOM/R/E/22/00924 GROUNDS FOR FIRST APPEAL: The Appellant submitted first appeal stating that “refer cpio reply dated 17.10.2022. cpio provide incomplete information without supporting documents. cpio not disclose ,when email from cic received by registry of IC(SC). what is direction of cic yk.sinha. cpio state The Email was placed before the honourable IC(SC) for his Perusal. when email was placed. advice cpio to provide complete information with supporting documents/email” DECISION OF THE FIRST APPELLATE AUTHORITY: The First Appeal, RTI application and reply given by CPIO of CIC have been perused. 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
1512 CICOM/A/E/22/00266 Ms. ROOP AVTAR KAUR 06-11-2022 Ref RTI No.- CICOM/R/E/22/00955 GROUNDS FOR FIRST APPEAL: The Appellant submitted first appeal stating that no response received within the time limit. DECISION OF THE FIRST APPELLATE AUTHORITY: The First Appeal and the RTI application have been perused. In the instant case, CPIO (DR to IC-UM) is directed to reply to the RTI application and provide the information as sought by the appellant as per the provisions of the RTI Act, 2005 by 25.11.2022, free of cost. The appeal is disposed of accordingly. NA
1513 CICOM/A/P/22/00149 Ms. ROOP AVTAR KAUR 05-11-2022 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/22/00492 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 सूचना के अधिकार अधिनियम की धारा 2 (च) के प्रावधानों के अनुसार एक जन सूचना अधिकारी केवल सम्बंधित लोक प्राधिकरण के रिकॉर्ड में एक सामग्री के रूप में उपलब्ध सूचना ही प्रदान कर सकता 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
1514 CICOM/A/E/22/00265 Ms. ROOP AVTAR KAUR 05-11-2022 Ref RTI No.- CICOM/R/E/22/00995 GROUNDS FOR FIRST APPEAL: The Appellant submitted first appeal stating that: Hi, The pan number for Smruti Sanjay Sathe is DMTPS5856J and she has been working with DY PATIL School and CITY pride school Ravet both are public institutions so information is available . Her current employer email and address is info@cityprideschoolravet.org. 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. As per the Section 6(1) of the RTI Act, 2005 it is the duty of the applicant to file information request with the concerned Public Authority which holds the information. However, the appellant may file the First Appeal with the concerned Public Authority. 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
1515 CICOM/A/P/22/00148 Ms. ROOP AVTAR KAUR 04-11-2022 आर. टी. आई. आवेदन, प्रदान की गई सूचना एवं प्रथम अपील का अवलोकन करने पर पाया गया कि अपीलकर्ता के आर.टी.आई. आवेदन CICOM/R/P/22/00454 के 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। परन्तु आपने अपनी प्रथम अपील में यह कहा है कि मुझे आज तक कोई सूचना नहीं दी गई है। जबकि केंद्रीय जन सूचना अधिकारी ने 30 दिन के भीतर ही सूचना प्रदान कर दी थी। केंद्रीय जन सूचना अधिकारी द्वारा दी गई सूचना, दिनांक 07.09.2022 की प्रति, प्रथम अपील के आर्डर के साथ संलग्न की जा रही है I अतः केंद्रीय जन सूचना अधिकारी द्वारा प्रदान कि गई सूचना तथ्यात्मक है और इसमें प्रथम अपीलीय अधिकारी के हस्तक्षेप कि कोई आवश्यकता नहीं है I NA
1516 CICOM/A/P/22/00146 Ms. ROOP AVTAR KAUR 02-11-2022 Ref RTI No.- CICOM/R/P/22/00461 GROUNDS FOR FIRST APPEAL: The Appellant submitted the first appeal stating that CPIO has provided incomplete and unsatisfactory information without any reasonable cause. DECISION OF 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, collate or interpret 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
1517 CICOM/A/P/22/00147 Ms. ROOP AVTAR KAUR 02-11-2022 आर.टी.आई. आवेदन एवं प्रथम अपील का अवलोकन करने पर पाया गया कि अपीलकर्ता के आर.टी. आई. आवेदन सं CICOM/R/P/22/00427 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/22/00427 तहत मांगी गई सूचना 10 दिन के भीतर अपीलकर्ता को (फ्री ऑफ कॉस्ट) ऑफलाइन प्रेषित की जाये। NA
1518 CICOM/A/E/22/00262 Ms. ROOP AVTAR KAUR 27-10-2022 Ref RTI No.- CICOM/R/E/22/00957/1 GROUNDS FOR FIRST APPEAL: The Appellant submitted first appeal stating that “FACTS: On 03/10/22 I made an online request with fee u/s 6(1) to CIC for 3 points of information. It is registered as CIC receipt No. CICOM/R/E/22/00957. CIC additionally registered in my name, without my consent or fee payment or even intimation by email, a receipt No. CICOM/R/E/22/00957/1 for itself. On 27/10/22 I received RTI Online intimation that No. CICOM/R/E/22/00957/1 has been disposed of. On checking, I found online Reply mentioning attached letter. The letter No.2022/CIC/ADMN/RTI dated 27/10/22 is issued by CPIO & Consultant (SO) to me, with copies endorsed to Consultant SO (Legal) & CPIO (regarding point-2) and RTI Cell. It says for point-1: No such information is available. It says for point-2: This does not pertain to the Admin Section. A copy of the RTI has been sent to the Legal Cell of the CIC with a request to furnish the information directly to the applicant. GROUNDS: A. No. CICOM/R/E/22/00957/1 is NOT my request. It is a request registration made by CIC in my name using an RTI Online facility for multiplication. RTI Act has no provision for multiplication and, on the contrary, empowers CPIO to take assistance u/s 5(4) & (5). On RTI Online this facility of dubious legality is justified for purpose of forwarding to multiple CPIOs in case the information sought is held by multiple CPIOs (answer to RTI Online FAQ No. 17). It is NOT for forwarding to CPIO not holding any requested information. CIC Request Registration No. CICOM/R/E/22/00957/1 is itself illegal, unjustifiable and statistically false. B. RTI Act DOES NOT entitle me to the information that I request u/s 6(1). What it DOES entitle me to is CPIO decision u/s 7(1). Only 2 options are open to CPIO u/s 7(1): to either provide the information sought or to reject the request for any of the reasons specified u/s 8 and 9. A response containing neither the information nor any reason from u/s 8 or 9 is NOT a decision u/s 7(1). It is, consequently, NOT capable of disposing of an RTI request. Disposed-of status No. CICOM/R/E/22/00957/1 is illegal and statistically false. C. As a result of the illegally registered and disposed of No. CICOM/R/E/22/00957/1, I may have to apply afresh for the information for point-1 (that has been obstructed by evasion) as well as point-2 (that has slipped off-line, which does not suit me). I have also been made complicit in the statistical fraud of inflating request receipts and deflating request rejections in reports u/s 25 of the RTI Act. REQUEST: Please have No. CICOM/R/E/22/00957/1 expunged from the RTI Online MIS. NB: My appeal request is, and everything about No. CICOM/R/E/22/00957/1 is not, consistent with the RTI Act. In case you are inclined to reject my appeal request, please hold hearing first.” DECISION OF THE FIRST APPELLATE AUTHORITY: The First Appeal, RTI application and reply given by CPIO of CIC have been perused. For Point 1 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. For Point 2 In the instant case, the CPIO (Legal Cell) is directed to revisit the RTI application for Point 2 as per the provisions of the RTI Act, 2005 by 05.12.2022. The appeal is disposed of accordingly. NA
1519 CICOM/A/E/22/00263 Ms. ROOP AVTAR KAUR 27-10-2022 Ref RTI No.- CICOM/R/E/22/00957 GROUNDS FOR FIRST APPEAL: The Appellant submitted first appeal stating that “FACTS: On 03/10/22 I made online request No. CICOM/R/E/22/00957 for 3 points of information. On 27/10/22 I received RTI Online intimation that No. CICOM/R/E/22/00957/1 has been disposed of. I checked RTI Online for registrations. I came to know that my Request Registration No. CICOM/R/E/22/00957 was disposed of (without RTI Online email intimation to me) on 12/10/22 by Legal Cell CPIO for point-3 and that CIC Request Registration No. CICOM/R/E/22/00957/1 was of forwarding of point-1 & 2 to Admin Section CPIO whose letter dated 27/10/22 says No information is available for point-1 and forwards point-2 to Legal Cell CPIO, off-line. GROUNDS: A. I have filed appeal No. CICOM/A/E/22/00262 for having expunged from the RTI Online MIS the CIC Request Registration No. CICOM/R/E/22/00957/1. Printout is ATTACHED. This appeal is for the information sought in MY request No. CICOM/R/E/22/00957 that has been evaded / obstructed by the illegal registration and disposal of No. CICOM/R/E/22/00957/1. B. The information that I have requested cannot be lawfully denied to me because it obviously exists and is obviously not exempt. Specifically: i) My request point-1 is for information of CIC decision/s that section 4(1)(b)(vii) is now Not Applicable to CIC. The information obviously exists because decision/s would have been taken to discontinue the disclosure that was previously made (pursuant to CIC Decision dated 26/03/2009 on my matters No. CIC/WB/C/2007/00139 & No. CIC/WB/A/2007/01702). It is not exempt because it is liable to have been published u/s 4(1)(c) at time of discontinuing the disclosure u/s 4(1)(b)(vii). ii) My request point-2 is for information in terms of section 4(1)(b)(ii) to (v) about the role of Deputy Registrars of ICs in transparency audit. The information obviously exists because the role exists (as per the CIC Circular attached with my request). It is not exempt because it is liable to be published u/s 4(1)(b). iii) My request point-3 is for particulars of the competent authority mentioned in the CIC circular attached to my request. Legal Cell CPIO has informed that competent authority is Chief Information Commissioner. Chief is u/s 12(4) competent authority for everything that CIC may do. Without requisite disclosure u/s 4(1)(b) about transparency audit work / information for my request point-2, it is not known (and CPIO has not cited any record to make known) why Chief has to approve circulars for it. REQUEST: Please ask CPIO to take any necessary assistance u/s 5(4) & (5) of the RTI Act to access the requested information for all 3 points of my request No. CICOM/A/E/22/00262 dated 03/10/22 and please provide the complete information to me with your order. NB: I believe that my appeal request is reasonable and consistent with the RTI Act. In case you are inclined to reject it, please hold hearing first.” DECISION OF THE FIRST APPELLATE AUTHORITY: The First Appeal, RTI application and reply given by CPIO of CIC have been perused. For Point No. 3 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
1520 CICOM/A/E/22/00261 Ms. ROOP AVTAR KAUR 26-10-2022 Ref RTI No.- CICOM/R/E/22/00947 GROUNDS FOR FIRST APPEAL: The Appellant submitted first appeal stating that: Appellant had sought information for 2Nos. issues under para (i) and (ii) in his RTI Application dated 29.09.2022 but Shri Subodh Kumar, CPIO had disposed of appellant RTI application on 25.10.2022 on both issues under one umbrella by stating that No such information is available. Whereas CPIO should have furnished para-wise information to the Appellant. Further, the information furnished by CPIO is not having detailed cogent reason because every public authority is governed under certain guidelines to discharge of penal action upon Order passed by them. Hence, the First Appellate Authority is requested to kindly direct to the CPIO to provide para-wise information as sought by the Appellant in his 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. 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