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SNo. Registration No Appellate Authority Name Received date Reply Appeal Reply Doc
1671 CICOM/A/P/22/00087 Ms. ROOP AVTAR KAUR 23-06-2022 Ref RTI No. - CICOM/R/P/22/00271 GROUNDS FOR FIRST APPEAL: The Appellant submitted the first appeal stating that The CPIO has supplied the document but none of its pages has been attested/ signed with his office stamp, as is required under RTI-Act. 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. The CPIO may therefore 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
1672 CICOM/A/P/22/00085 Ms. ROOP AVTAR KAUR 22-06-2022 Reference RTI No.CICOM/R/P/22/00226 प्रथम अपील का आधार DOPT के पत्र दिनांक 10-06-2022 के माध्यम से आयोग को प्रथम अपील ट्रान्सफर की गई l अपीलकर्ता द्वारा केन्‍द्रीय जन सूचना अधिकारी की ओर 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/22/00226 के अंतर्गत मांगी गई सूचनाएं अस्पष्ट है । जिससे जन सूचना अधिकारी के लिए यह समझना कठिन हो जाता है कि RTI आवेदक किस बारे में सूचना मांग रहा है l 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। अतः केंद्रीय जन सूचना अधिकारी (DR to IC-UM) द्वारा प्रदान किया गया उत्तर सही है और इसमें प्रथम अपीलीय अधिकारी के हस्तक्षेप की कोई आवश्यकता नहीं है। तद्नुसार अपील निस्‍तारित की जाती है। NA
1673 CICOM/A/E/22/00164 Ms. ROOP AVTAR KAUR 21-06-2022 Ref RTI No.- CICOM/R/E/22/00540 GROUNDS FOR FIRST APPEAL: The Appellant submitted first appeal stating that: I received reply stating that - Query is not covered under definition of information under section 2 (f) of RTI Act, 2005, hence, CPIO is unable to reply. However, Information sought is covered under RTI Act,2005 section 2(f) (including opinions and advices). hence, this first appeal. Information sought in RTI application and RTI act section 2(f) extracted below for reference. Information sought: I would like to know, when a RTI application is physically transferred to other public authority which is not aligned to the RTI ONLINE portal, whether status of the application (decision, disposal status etc) is updated in respective RTI view status and view history menus. If not, how to check the status of the physically transferred RTI application. RTI act 2(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; DECISION OF THE FIRST APPELLATE AUTHORITY: The First Appeal, RTI application and reply given by CPIO of CIC have been perused. The matter (information sought) in the instant case by the appellant is related to RTI online portal, which is being dealt by DoPT. Accordingly, CPIO (RTI Cell) is directed to transfer the RTI application to the concerned public authority by 11.07.2022, with the information to the appellant in this regard. The appeal is disposed of accordingly. NA
1674 CICOM/A/E/22/00162 Ms. ROOP AVTAR KAUR 20-06-2022 Reference RTI No.CICOM/R/E/22/00462 प्रथम अपील का आधार The information provided by the CPIO, CIC under point No.1, 2, and 3 is misleading, vague and incomplete. Please provide complete, correct and clear information under RTI Act 2005. 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/22/00462 के बिन्दु संख्या 1 और 2 के प्रतिउत्तर में केंद्रीय केंद्रीय जन सूचना अधिकारी द्वारा प्रेषित की गई सूचना, सूचना का अधिकार अधिनियम के प्रावधानों के अनुसार नहीं है। उल्लेखनीय है कि बिन्दु संख्या 1 और 2 के अंतर्गत मांगी गई सूचना केवल आंशिक रूप से सूचना का अधिकार अधिनियम की धारा 8 (1) (j) के दायरे में आती है और केवल शैक्षिक योग्यता व जन्म तिथि को छोड़कर शेष वांछित सूचना जन सूचना अधिकारी द्वारा प्रदान की जा सकती है। अतः जन सूचना अधिकारी को निर्देशित किया जाता है कि मांगी गई सूचना का पुनः अवलोकन कर अपीलकर्ता को सही, पूर्ण एवं स्पष्ट सूचना प्रदान करें। यह कार्यवाही दिनांक 14/07/2022 तक पूरी करें। तद्नुसार अपील निस्‍तारित की जाती है। NA
1675 CICOM/A/E/22/00161 Ms. ROOP AVTAR KAUR 18-06-2022 Ref RTI No.- CICOM/R/E/22/00401 GROUNDS FOR FIRST APPEAL: The Appellant submitted first appeal stating that: I have filed an RTI application with the PIO of CIC New Delhi to get the documents submitted by PIO of CBI during second appeal at CIC in file number CIC/CBRUI/A/2021/617805. But the CPIO denied the request by stating that no such records exits . It cant be possible as the respondent has to submit his written submission. Without written submission it is not possible for any court to give decision. I as appellant have submitted my written submission and as respondent CPIO also has to submit his response. If the CPIO of CBI has not submitted any response, how CIC has disposed the file number CIC/CBRUI/A/2021/617805.Kindly provide the 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. 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
1676 CICOM/A/E/22/00160 Ms. ROOP AVTAR KAUR 16-06-2022 Ref RTI No.- CICOM/R/E/22/00450 DECISION OF THE FIRST APPELLATE AUTHORITY: The First Appeal, RTI application and reply given by CPIO of CIC have been perused. It is observed that the information sought by the RTI applicant at point no. 1, 2, 3 and 4 are already covered in Clause (b) of Sub-Section 1 of Section 4 of the RTI Act, 2005, which means according to the provisions of the RTI Act, 2005 this information was expected to be published Suo-Motu. Based on this, the point-wise decision on the subject first appeal is as follows- Point No. 1 The RTI applicant has sought the information in sorted form. CPIO is not expected to create or collate information that is not a part of the record. 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. In view of the above, CPIO is directed to revisit the reply and provide the information, as available in the records, to the RTI applicant by 09.08.2022. Point No. 2 CPIO is directed to revisit the RTI reply in the light of Clause b(iv) of Sub-Section 1 of Section 4 of the RTI Act, 2005 and provide the information, as available in the records, appropriately by 09.08.2022. Point No. 3 CPIO is directed to revisit the RTI reply in the light of Clause b(iii) of Sub-Section 1 of Section 4 of the RTI Act, 2005 and provide the information, as available in the records, appropriately by 09.08.2022. Point No. 4 CPIO is directed to revisit the RTI reply in the light of Clause b(x) of Sub-Section 1 of Section 4 of the RTI Act, 2005 and provide the information, as available in the records, appropriately by 09.08.2022. Point No. 5 CPIO is not expected to create or collate information that is not a part of the record. 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. However, CPIO is directed to revisit the reply and provide the information, as available in the records, to the RTI applicant by 09.08.2022. Point No. 9 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. Point No. 10 & 11 The appellant in the first appeal has stated, “Information can be supplied by simply providing inspection and copies thereof as sought in Point 10 and 11.” In view of the submissions made by the appellant, the CPIO is directed to provide the inspection as per the provisions of the RTI Act, 2005, in case, CPIO is unable to provide the specific information as sought by the RTI applicant. The disposal of the instant first appeal has crossed 30 days as the First Appellate Authority was on leave. The appeal is disposed of accordingly. NA
1677 CICOM/A/P/22/00083 Ms. ROOP AVTAR KAUR 16-06-2022 Reference RTI No. CICOM/R/P/22/00135 प्रथम अपील का आधार अपीलकर्ता द्वारा CPIO, (RTI Cell) के पत्र संख्या CICOM/R/P/00135 दिनांक 25-03-2022 के माध्यम से प्राप्त अधूरी सूचना से असंतुष्ट होकर, सूचना के अधिकार अधिनियम 2005 की धारा 19 (1) के अंतर्गत प्रथम अपील दायर की गई है। निर्णय संबंधित संचिका (प्रथम अपील आवेदन एवं आर.टी.आई. आवेदन) का अवलोकन करने पर पाया गया कि अपीलकर्ता द्वारा आर टी आई आवेदन दिनांक 14-03-2022 केन्‍द्रीय जन सूचना अधिकारी को प्रेषित किया गया था तथा प्रथम अपील दिनांक 07-06-2022 को दायर किया गया है। सूचना का अधिकार अधिनियम, 2005 की धारा 19 (1) के तहत प्रथम अपील RTI आवेदन दायर करने की तिथि से या सूचना प्राप्ति की तिथि से 30 दिनों के भीतर ही दाखिल किया जाना अपेक्षित है। अपीलकर्ता द्वारा दो माह और 13 दिनों की देरी से प्रथम अपील दाखिल किये जाने का कोई कारण भी नहीं बताया गया है। अतः उक्त तथ्यों के आधार पर प्रथम अपील ख़ारिज की जाती है। तद्नुसार अपील निस्‍तारित की जाती है। NA
1678 CICOM/A/E/22/00159 Ms. ROOP AVTAR KAUR 15-06-2022 Ref RTI No.- CICOM/R/E/22/00400 DECISION OF THE FIRST APPELLATE AUTHORITY: 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. The First Appeal, RTI application and reply given by CPIO of CIC have been perused. The point wise disposal of the first appeal is as follows:- For Point 1 In the instant case, the name and address of the appellant mentioned in the hearing notice of the Second Appeal and the name and address mentioned by the appellant in the RTI application are different. Hence, the RTI applicant has sought for the information of the second appeal pertaining to some other person. Accordingly, the reply given by the CPIO is appropriate and as per the provisions of the RTI Act, 2005. For Point 3 & 4 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. For Point 7 In the instant case, 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. NA
1679 CICOM/A/P/22/00082 Ms. ROOP AVTAR KAUR 13-06-2022 Ref RTI No.- CICOM/R/P/22/00242 GROUNDS FOR FIRST APPEAL: The Appellant submitted the first appeal stating that Grounds of appeal: Denial not according to stipulations under RTI Sec. 7,8,11. Prayer: Appellant prays that information available on public record and deceased appellant never asked CIC to keep the same as confidential and the information is not of trade or commercial sects protected by law as applications, decisions are uploaded in websites. The information cannot be rejected as third party information, and it was ruled by AP High Court that applicant need not produce any legal heir certificate for that information available on public record, not exempted. Appellant prays for directions to CPIO for providing these copies as expeditiously as possible, as those public records are not personal information and because it is assumed as third party records, information on public records cannot be denied without following the laid down procedure under Sec. 11. The self attested copy of same respondent CPIO of Public authority that disclose the relationship enclosed. DECISION OF FIRST APPELLATE AUTHORITY: The First Appeal, RTI application and reply given by CPIO of CIC have been perused. CPIO has not quoted any section for denial of the information. Accordingly, CPIO is directed to revisit the RTI reply and, in case the information is denied, CPIO should specifically mention the appropriate section for such denial. However, CPIO is directed to apply severability clause in Section 10 of the RTI Act, 2005 appropriately while replying this RTI application. CPIO(DR to IC-NG) should complete the action by 01.07.2022. The appeal is disposed of accordingly. download pdf
1680 CICOM/A/E/22/00158 Ms. ROOP AVTAR KAUR 12-06-2022 Ref RTI No.- CICOM/R/E/22/00471/1 DECISION OF THE FIRST APPELLATE AUTHORITY: 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. The First Appeal, RTI application and reply given by CPIO of CIC have been perused. It is observed that the appellant has sought for the information which the CPIO may need to collate/collect/segregate from the available records. This may lead to unnecessary diversion of the resources of the public authority. Notwithstanding to this, since the information sought may be available in the available records in some or the other form, the CPIO (Admin Section)(for point no. 1 to 7 and 9 to 12) & CPIO (GA)(for point 13) are directed to provide opportunity of inspection of records to the appellant under their custody which are relevant to the information sought. However, Section 8(1)(j) of the RTI Act, 2005 may be judiciously applied by the CPIOs while disclosing such information. The date and time of inspection may be decided mutually by CPIOs and the appellant as per the provisions of the RTI Act, 2005. The appeal is disposed of accordingly. NA