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SNo. Registration No Appellate Authority Name Received date Reply Appeal Reply Doc
1591 CICOM/A/E/22/00209 Ms. ROOP AVTAR KAUR 29-08-2022 Ref RTI No.- CICOM/R/E/22/00695 GROUNDS FOR FIRST APPEAL: The Appellant submitted first appeal stating that: Subject : Appeal petition for providing relevant and adequate information by taking intervention action as appropriate in view of the following facts Ref. No. : With reference to the enclosed RTI reply. Respected Sir, It is humbly requested that the response of the subjects in question from item number 1 to 5 of the desired information of the RTI application in the attached RTI reply is not in accordance with the legally relevant prescribed rules, and which is not appropriate in view of pragmatic point. Applicant has also expressed his dissenting remarks in RTI reply. Therefore, in view of the above facts, please intervene and provide adequate, relevant, and legitimate information by taking appropriate intervention. Applicant will always be grateful to you for this. Thanking you, Note : Please refer to attached pdf file. 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
1592 CICOM/A/P/22/00121 Ms. ROOP AVTAR KAUR 25-08-2022 आर.टी.आई. आवेदन, प्रदान कि गई सूचना एवं प्रथम अपील का अवलोकन करने पर पाया गया कि अपीलकर्ता के आर.टी. आई. आवेदन सं CICOM/R/P/22/00303 के प्रतिउत्तर प्रदान की गई सूचना, सूचना का अधिकार अधिनियम, 2005 के प्रावधानों के अनुसार ही है। परन्तु केंद्रीय जन - सूचना अधिकारी द्वारा प्रेषित कि गई सूचना ऑनलाइन दी गई है जबकि उसने आर.टी.आई ऑफलाइन की थी। अतः केंद्रीय जन सूचना अधिकारी को यह निर्देश दिए जाता है कि वह अपीलकर्ता को आर.टी.आई. आवेदन सं. CICOM/R/P/22/00303 तहत मांगी गई सूचना 10 दिन के भीतर अपीलकर्ता को (फ्री ऑफ कॉस्ट) ऑफलाइन प्रेषित की जाये। NA
1593 CICOM/A/P/22/00122 Ms. ROOP AVTAR KAUR 25-08-2022 Ref RTI No.- CICOM/R/P/22/00321 GROUNDS FOR FIRST APPEAL: The Appellant submitted the first appeal stating that : “Prayer:- (1) Kindly order CPIO to send me any other letter, Received from CPIO Bank of Baroda. The CPIO Bank of Baroda is deliberately intentionally malafide not sending me copy of his reply submitted to CiC and misguided. Hence for the interest off justice and law and to represent my case to CIC, I have requested. (2) In CIC order No. Second appeal/CIC/BKOBD/A/2019/150162 and CIC/BKOBD/A/2019/150064, dtd. 13.04.2022 in point no.5.2 mentioned that “documents selected were given in the form of certified copy”. Actually record inspection was postponed and no certified copies issued, hence I requested on what base CIC has mentioned in order is required to send me copy. If CIC is having copy of any letter of CPIO Bank of Baroda that selected copy of my letter and acknowledgement by me is issued. If there is no such letter issued by CPIO the same should also mentioned by CPIO after consulting Dy. Registrar R.S. Murty to know the facts. RTI act is for transparency, accountability and not for giving false misguiding information. Kindly inform your Chief Information Commission for such type of attitude of your Dy. Registrar for mentioning wrong information. (3)Kindly condone delay. (4) Kindly order your CPIO to send me compliance letter submitted by CPIO, Bank of Baroda No. CIC/BKOBD/A/2020/100161, dt. 9.8.21.” DECISION OF FIRST APPELLATE AUTHORITY: The First Appeal, RTI application and reply given by CPIO of CIC have been perused. In the instant case, the Appellant has submitted the first appeal after 30 days of receipt of reply of the CPIO i.e. reply dated 11.07.2022 which was delivered to the appellant on 16.07.2022. The First Appeal has been initiated by the appellant on 14.08.2022 but from tracking the first appeal using consignment no. mentioned on the envelope, it is observed that the first appeal was posted on 18.08.2022, which is well beyond 30 days. Appellant has not specified anything which could be taken as sufficient cause for the appellant not filing the appeal in time. So, this appeal cannot be taken into consideration as the time limit for submission of first appeal has already exceeded. The appeal is not admitted as per Subsection (1) of Section 19 of the RTI Act, 2005. The appeal is disposed of accordingly. NA
1594 CICOM/A/P/22/00120 Ms. ROOP AVTAR KAUR 24-08-2022 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/22/00379 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। 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
1595 CICOM/A/E/22/00208 Ms. ROOP AVTAR KAUR 24-08-2022 Ref RTI No.- CICOM/R/E/22/00696 GROUNDS FOR FIRST APPEAL: The Appellant submitted first appeal stating that: Sir CPIO has not been provided yet action taken vide Dy no 632034 date 10 June 022 by official record in CIC. 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 First Appeal no. CICOM/A/E/22/00166 mentioned by appellant is already disposed of by the First Appellate Authority on 29.07.2022 and the decision for no intervention on behalf of the FAA was given which is available to the appellant on the RTI MIS portal. However, the information sought in the instant RTI application does not coincide with the grounds of the appeal by the appellant. 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
1596 CICOM/A/E/22/00207 Ms. ROOP AVTAR KAUR 20-08-2022 Reference RTI No.CICOM/R/E/22/00503 प्रथम अपील का आधार अपीलकर्ता द्वारा के. ज. सू. अ. (DR to IC-UM) की ओर से Online उत्तर दिनांक 02-08-2022 के माध्यम से तय समय के बाद प्राप्त प्रतिक्रिया से व्यथित एवं असंतुष्ट होकर प्रथम अपील दाखिल की गई है। निर्णय 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/E/22/00503 के बिन्दु संख्या 1 से 4 के अंतर्गत दस्तावेजों का निरीक्षण नहीं मांगा है, बल्कि दस्तावेजों की प्रमाणित प्रतियाँ मांगी गई है। उक्त आर. टी. आई. आवेदन के प्रतिउत्तर में केंद्रीय जन सूचना अधिकारी (DR to IC-UM) द्वारा दिया गया ऑनलाइन उत्तर, सूचना के अधिकार अधिनियम, 2005 के प्रावधानों के अनुसार नहीं है। उल्लेखनीय है कि सूचना अधिकार के 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, राय/ सुझाव देना, सूचनाओं का निर्माण करना जन सूचना अधिकारी के कर्तव्य के दायरे नहीं आता है। अतः केंद्रीय जन सूचना अधिकारी (DR to IC-UM) को निर्देशित किया जाता है कि उक्त आर. टी. आई. आवेदन के बिंदु सं.1 से 4 के अंतर्गत मांगी गई सूचना का पुनः अवलोकन कर, अपीलकर्ता को सही, पूर्ण एवं स्पष्ट सूचना, सूचना के अधिकार अधिनियम 2005 की धारा 7 (6) के तहत निशुल्क प्रदान करें। यह कार्यवाही दिनांक 29/09/2022 तक पूरी करें। तद्नुसार अपील निस्‍तारित की जाती है। NA
1597 CICOM/A/E/22/00206 Ms. ROOP AVTAR KAUR 19-08-2022 Ref RTI No.- CICOM/R/E/22/00539 GROUNDS FOR FIRST APPEAL: The Appellant submitted first appeal stating that: I filed a RTI application on 11-06-2022 vide: CICOM/R/E/22/00539 with CIC to know “Once complaint is registered with the CIC, within how many days complaint should be listed especially when information sought through challenged RTI application concerns life and liberty of a person”. I received reply from CIC PIO on 20-06-2022 that “ Kindly go through the FAQ available on CIC website www.cic.gov.in. No other information is available on record in the matter.”. However, There is no FAQ which answers the information sought. Information sought can be obtained under section 2(f) of RTI act (including opinions and advices). Section 2(f) of RTI act is extracted below for reference (f) information means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks,contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force Hence, this First appeal. Please provide the requested information at the earliest. 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, the Appellant has submitted the first appeal after 30 days of receipt of the reply from the CPIO i.e. reply dated 20.06.2022. The First Appeal has been initiated by the appellant on 19.08.2022, which is well beyond 30 days. Appellant has not specified anything which could be taken as sufficient cause for the appellant not filing the appeal in time. So, this appeal cannot be taken into consideration as the time limit for submission of first appeal has already exceeded. The appeal is not admitted as per Subsection (1) of Section 19 of the RTI Act, 2005. The appeal is disposed of accordingly. NA
1598 CICOM/A/P/22/00119 Ms. ROOP AVTAR KAUR 17-08-2022 Ref RTI No.- CICOM/R/P/22/00372 GROUNDS FOR FIRST APPEAL: The Appellant submitted the first appeal stating that “...the reply of CPIO dated 28.07.2022 which is incomplete as in the reply no asked information is provided. The information given is just the diary numbers which was almost available with me except in one case. Thus, the specific case wise diary numbers as asked is not provided as per my requirement.” “Thus, once again my request you to kindly provide me the individual diary numbers to go ahead as a matter of right to remedy.” DECISION OF FIRST APPELLATE AUTHORITY: The First Appeal, RTI application and reply given by CPIO of CIC have been perused. In the instant case, the CPIO & I/c Dak Section is directed to revisit the RTI application and provide a point-wise reply to the appellant as per the provisions of the RTI Act, 2005, by 22.09.2022. The appeal is disposed of accordingly. NA
1599 CICOM/A/E/22/00205 Ms. ROOP AVTAR KAUR 17-08-2022 Ref RTI No. - CICOM/R/E/22/00597 GROUNDS FOR FIRST APPEAL: The Appellant submitted first appeal stating that: To, The First Appellate Authority, Subject - First Appeal u/s 19(1) of the Right to Information Act 2005. Respected sir/mam, The appellant filed a RTI at the PIO Central Information Officer Office, on dated 25/06/2022 by Online (rtionilne.gov.in) which Registration Number CICOM/R/E/22/00597. But sir/mam, the appellant wish to inform that they have not received any reply from PIO till date. The PIO has been avoid the rules and didn’t supply the requested information in stipulated time frame 30 days specified u/s 7(2) under RTI act 2005. So, please accept this First Appeal u/s 19(1) and order to PIO for supply the requested information according to the attached RTI application and take necessary action against to the PIO for delay the requested information according to the RTI application. In case if I did not receive the decision on or before 30/09/2022 I would be justified in proceeding with one or all of the following actions, - File a Complaint to CIC / SIC u/s 18(1) of the RTI Act 2005. - File a Second Appeal with CIC / SIC u/s 19(3) of the RTI Act 2005. - Pray for imposing penalty on PIO as u/s 20(1) of the RTI Act 2005. - Pray for disciplinary action on PIO as u/s 20(2) of the RTI Act 2005. - Pray for suitable compensation to be paid to me by the PA as u/s 19(8)(b) of the RTI Act 2005. - Pray for initiating an inquiry in respect thereof as u/s 18(2) of the RTI Act 2005. 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-UM) is directed to reply to the RTI application as per the provisions of the RTI Act, 2005 by 09.09.2022, free of cost. The appeal is disposed of accordingly. NA
1600 CICOM/A/E/22/00204 Ms. ROOP AVTAR KAUR 16-08-2022 Ref RTI No.- CICOM/R/E/22/00704 GROUNDS FOR FIRST APPEAL: The Appellant submitted first appeal stating that: You are requested to hear this matter under Section 19 1 of the Right to Information Act 2005 and order the Public Information Officer to provide the information to me According to the provision of Right to Information also order the Public Information Officer to provide all the information sought by me free of cost Also for violation of the Right to Information Act order action against the Public Information Officer as per the provisions of the Act 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 reply given by the CPIO is appropriate and as per the provisions of the RTI Act, 2005 as the information sought by the appellant in the RTI application is not in the custody of the CPIO and the appellant may file RTI with the concerned public authority. Hence, no intervention is required on behalf of the FAA in this matter. The appeal is disposed of accordingly. NA