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SNo. Registration No Appellate Authority Name Received date Reply Appeal Reply Doc
1661 CICOM/A/E/22/00165 Ms. ROOP AVTAR KAUR 29-06-2022 Decision of the First Appellate Authority is enclosed herewith. download pdf
1662 CICOM/A/E/22/00166 Ms. ROOP AVTAR KAUR 29-06-2022 Ref RTI No.- CICOM/R/E/22/00492 GROUNDS FOR FIRST APPEAL: The Appellant submitted first appeal stating that: Sir I am filling an appeal for complete information with certified in copy as RTI request Date 31st may 2022. Ground of relief first appeal are as below s- 1.Cpio Has not Been replied other remedy except Commission priority , not any specific remedy with constitution direction , court process etc for early schedule/hearing of pending case before cic/IC in cic. 2.cpio has not been supplied with certified as per RTI request. 3.and status of petition date 29 March 022 (618319 Diary no) has not been provided any reply yet. Enclosed-an appeal, request alongwith copy of petition dated 29 March 2022. 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
1663 CICOM/A/E/22/00167 Ms. ROOP AVTAR KAUR 29-06-2022 Ref RTI No.- CICOM/R/E/22/00571 GROUNDS FOR FIRST APPEAL: The Appellant submitted first appeal stating that CPIO provided incomplete, misleading or false information and prayed for point-wise information separately. 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
1664 CICOM/A/P/22/00093 Ms. ROOP AVTAR KAUR 27-06-2022 Ref RTI No.- CICOM/R/P/22/00143 GROUNDS FOR FIRST APPEAL: The Appellant submitted the first appeal stating that the reply given is not factually correct and is incomplete & misleading. Also is against the PIO’s wilful violation of provisions contained in the Act. 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 the reply from the CPIO i.e. reply dated 27.04.2022. The First Appeal has been initiated by the appellant on 31.05.2022 and was received on 27.06.2022 in the office of F.A.A., 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
1665 CICOM/A/P/22/00092 Ms. ROOP AVTAR KAUR 24-06-2022 REFERENCE RTI No.CICOM/R/P/22/00179 प्रथम अपील का आधार अपीलकर्ता द्वारा CPIO/ DR to IC (HS) के पत्र संख्या CICOM/R/P/00179 दिनांक 17-05-2022 के माध्यम से वांछित सूचनाएं नहीं प्राप्त होने पर, सूचना के अधिकार अधिनियम 2005 की धारा 19 (1) के अंतर्गत प्रथम अपील दाखिल की गई है। निर्णय संबंधित संचिका (प्रथम अपील आवेदन एवं आर.टी.आई. आवेदन) का अवलोकन करने पर पाया गया कि अपीलकर्ता के आर.टी.आई. आवेदन सं. CICOM/R/P/22/00179 के बिंदु संख्या 4 के प्रतिउत्तर में केंद्रीय जन सूचना अधिकारी/ DR to IC (HS) द्वारा प्रदान की गई सूचना, सूचना का अधिकार अधिनियम के प्रावधानों के अनुसार सही है। उल्लेखनीय है कि सूचना अधिकार का 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 और बिंदु संख्या 2 के अंतर्गत अपीलकर्ता द्वारा मांगे गए वाद संख्या CIC/LBDPD/A/2019/146771 से सम्बंधित पत्रावली पर संचित नोटिंग/ नोटशीट को छोड़ कर, प्रत्येक कागज की प्रमाणित छायाप्रतियां आसानी से प्रदान की जा सकती है। अतः जन सूचना अधिकारी/ DR to IC (HS) को निर्देशित किया जाता है कि मांगी गई सूचना का पुनः अवलोकन कर, अपने रिकॉर्ड से सम्बंधित दस्तावेज की प्रमाणित छायाप्रतियां धारा 8 (1) (j) को ध्यान में रखते हुए, RTI Act 2005 की धारा 7 (6) के अंतर्गत अपीलकर्ता को 16/07/2022 तक निशुल्क प्रेषित करेंl तद्नुसार अपील निस्‍तारित की जाती है। NA
1666 CICOM/A/P/22/00091 Ms. ROOP AVTAR KAUR 24-06-2022 Ref RTI No.- CICOM/R/P/22/00228 GROUNDS FOR FIRST APPEAL: The Appellant submitted the first appeal stating that “...CPIO concerned and I/c Dak Section may be ordered to provide complete information corresponding to Point Nos. 3(b)(iv) & 3(b)(i) of my RTI application dated 9/5/22 by accommodating my all 3 non included above said letters/second appeal in database of Dak Section of the Hon’ble CIC. “ 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 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
1667 CICOM/A/P/22/00086 Ms. ROOP AVTAR KAUR 23-06-2022 Ref RTI No.- CICOM/R/P/22/00270 GROUNDS FOR FIRST APPEAL: The Appellant submitted the first appeal stating that The CPIO has only attested the first page of the document to supplied but has not affixed his office rubber stamp or the seal, which is required for authentication of any information so supplied under RTI. Sir, although, the decision, so requested is available on your website, but the application was made to have a dually verified document, to be submitted to a court of law, pertaining to a case of parental property dispute at Lachhmangarh(Sikar). It is therefore requested that the CPIO may kindly be advised to supply me the document dually attested and stamped/seal-affixed, on each page, so that it is acceptable to a court of law. 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 or collate information that is not a part of the record. The information once published in public domain may not be treated as information held by a particular 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
1668 CICOM/A/P/22/00088 Ms. ROOP AVTAR KAUR 23-06-2022 Ref RTI No.- CICOM/R/P/22/00267 GROUNDS FOR FIRST APPEAL: The Appellant submitted the first appeal stating that :- 1) Consultants are contractual/out-sourced staff and they perhaps are not authorized to sign any Government document and act as a CPIO. 2) Consultant SO/CPIO(Admin) has perhaps forgotten to indicate the name and address of the FAA with the prescribed time-limit in the reply of the RTI application. 3) Appellant has requested the FAA for a virtual meeting for the disposal of the First Appeal. 4) Appellant is unsatisfied with CPIO, CIC for his lack of knowledge/understanding on the subject and received no information/documents. If the information was not available with the CPIO, CIC why the RTI application was not transferred to DoP&T? DECISION OF FIRST APPELLATE AUTHORITY: The First Appeal, RTI application and reply given by CPIO of CIC have been perused. The opportunity of written submission, for the first appeal, provided to the appellant is found to be reasonable opportunity of hearing. The written submissions made by the appellant in his first appeal application are found to be sufficient for consideration by the FAA to arrive at a decision under the RTI Act, 2005. Accordingly, it was felt that the personal hearing as requested by appellant was not necessary. In the instant case, the RTI application dated 12.05.2022 was filed with DoP&T and was transferred to CIC with a letter dated 24.05.2022. 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. However, it is felt that the information sought is closely related to the DoPT. Accordingly, the CPIO(RTI Cell) is directed to forward the subject RTI application to DoPT for the disposal, by 29.07.2022. The appeal is disposed of accordingly. NA
1669 CICOM/A/P/22/00089 Ms. ROOP AVTAR KAUR 23-06-2022 Ref RTI No- CICOM/R/P/22/00222 GROUNDS FOR FIRST APPEAL: The Appellant in the first appeal has prayed “Kindly direct the PIO concerned to provide the requested information to the undersigned at the earliest or provide legal reasons for denial of information if it intends to reject the application.” 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 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
1670 CICOM/A/P/22/00090 Ms. ROOP AVTAR KAUR 23-06-2022 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/22/00205 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