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SNo. Registration No Appellate Authority Name Received date Reply Appeal Reply Doc
2021 CICOM/A/E/21/00212 Ms. ROOP AVTAR KAUR 27-09-2021 Ref: RTI No.CICOM/R/E/21/00817. GROUNDS FOR FIRST APPEAL: The crux of the First Appeal dated 27.09.2021 is 1. Information was not provided as asked. 2. Request the Appellate Authority to provide the action taken by CIC against CPIO of SEBI for creating the information under RTI Act. DECISION OF FIRST APPELLATE AUTHORITY: The RTI Application dated 05.09.2021, the reply of CPIO dt. 22.09.2021 and first appeal dt.27.09.2021 have been perused. As per Section 2(f) of 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 collect information that is not a part of the record. The reply of CPIO-CIC is considered appropriate and as per the provisions of the RTI Act, 2005. The CPIO has also offered to inspect files and to obtain documents. Therefore no intervention on behalf of FAA is required in this matter. NA
2022 CICOM/A/E/21/00211 Ms. ROOP AVTAR KAUR 26-09-2021 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/21/00808 के प्रतिउत्तर में केंद्रीय जन सूचना अधिकारी (RTI Cell) द्वारा प्रेषित की गई सूचना, सूचना का अधिकार अधिनियम के प्रावधानों एवं मांगी गई सूचना के अनुसार ही है। उल्लेखनीय है कि सूचना अधिकार अधिकारी 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। तथापि, अपीलकर्ता आर.टी.आई. एक्ट 2005, अधिनियम की धारा 6(2) का उल्लेख 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
2023 CICOM/A/E/21/00210 Ms. ROOP AVTAR KAUR 25-09-2021 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/21/00785 के प्रतिउत्तर में केंद्रीय जन सूचना अधिकारी (Admin) 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
2024 CICOM/A/E/21/00209 Ms. ROOP AVTAR KAUR 24-09-2021 Ref: RTI No.CICOM/R/E/21/00773. CRUX OF FIRST APPEAL: In his first appeal dated 24.09.2021, the appellant has submitted that - i)the information sought for should have been suo-motu disclosed on the website of CIC u/s 4(1)(b). ii)Ld.CPIO must produce the material based on which he in his wisdom feels if the information is given out, it would harm the official’s safety. iii)FAA calls for a personal hearing to decide this first appeal. DECISION OF FIRST APPELLATE AUTHORITY: The RTI Application dated 24.08.2021, the reply of CPIO dt.22.09.2021 and first appeal dated 24.09.2021 have been perused. The para-wise decisions on Paras 18 to 21 of Relief sought by Appellant are as follows: Para 18: Provide the name and designation of each and every staff/official working in the Registry of Ms Vanaja N Sarna, IC by 29.10.2021 free of cost. Para 19: CIC official directory needs updation in-line with Section 4(1)(b)(ix) of the RTI Act, 2005. CIC official directory may be updated by the officer responsible for suo-motu disclosure in line with section 4(1)(b)(ix) of the RTI Act, 2005 as early as possible. Para 20: Not under jurisdiction of FAA. Para 21: As the first appeal is disposed off in line with the provisions of the RTI Act, 2005, as per the submissions of the appellant, it is felt that calling for a personal hearing by FAA is not a necessity. FAA finds that the submissions made by the Appellant in this appeal to be sufficient for deciding the first appeal. NA
2025 CICOM/A/E/21/00208 Ms. ROOP AVTAR KAUR 22-09-2021 Ref: RTI No.CICOM/R/E/21/00844. GROUNDS FOR FIRST APPEAL: 1. Information on point-1 was not provided by CPIO. 2. Reply in respect of point-2 is not relevant as applicant asked to the CPIO whether CIC rule 26/1/2011-cic/Admn. dated 22-02-2011 is applicable to dispose off the first appeal when one side information supplied FAA to the appellant that concerned record is not traceable in section. DECISION OF FIRST APPELLATE AUTHORITY: The RTI Application dated 09.09.2021, the reply of CPIO dt. 22.09.2021 and first appeal dt.22.09.2021 have been perused. As per Section 2(f) of 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 collect information that is not a part of the record. The reply of CPIO-CIC is considered appropriate and as per the provisions of the RTI Act, 2005. Therefore, no intervention on behalf of FAA is required in this matter. NA
2026 CICOM/A/E/21/00206 Ms. ROOP AVTAR KAUR 21-09-2021 Ref: RTI No.CICOM/R/E/21/00759/ 2&3 GROUNDS FOR FIRST APPEAL: In his first appeals dated 19.09.2021 & 21.09.2021, the appellant has mentioned as under: i)Reply of CPIO (IC-HS) to Point-3 is contrary to the reply given by him against point 2(b). CPIO had not provided the reply received from PIO, DSSSB as sought on point (3). Revelation of reply received from PIO, DSSSB cannot impede the decision making process of CIC. ii)CPIO (IC-UM) forgot to provide the annexures mentioned on points (4), (5), (6) & (7) mentioned in the affidavit deposed by the respondent. The annexures are a part of the affidavit deposed by the respondent. iii)CPIO has not provided any information on point-5 of the online RTI Application. iv)Hon’ble CPIO has not provided the certified copies of the information. DECISION OF FIRST APPELLATE AUTHORITY: The RTI Application dated 23.08.2021, the replies of CPIOs and first appeals dated 19th 21st Sept.2021 have been perused. i)CPIO (IC-HS) is directed to provide suitable reply/information in respect of point no. 2(b) & 3 to the appellant by 28.10.2021 free of cost. ii)The RTI Act, 2005 do not prohibit providing copy of the reply of PIO when the matter is under submission. CPIO (IC-HS) in his reply has mentioned that copy would be “provided only after the decision is taken by the Commission” without mention of any provision which exempt providing the information. CPIO (IC-HS) is directed to provide a copy of the reply of PIO, DSSSB to the appellant by 28.10.2021 free of cost. iii)As regards point-4, CPIO (IC-UM) is directed to provide copies of relevant annexures to the affidavit deposed by the respondent as available in the records of the Commission. iv)CPIO (IC-UM) is directed to provide suitable reply/information in respect of point no. 5 to the appellant by 28.10.2021 free of cost. The above replies / information are to be provided by the CPIOs as per the provisions of the RTI Act, 2005 and report compliance of the above decisions. NA
2027 CICOM/A/E/21/00203 Ms. ROOP AVTAR KAUR 19-09-2021 Ref No.: CICOM/R/T/21/00047. GROUNDS FOR FIRST APPEAL: In his first appeal dated 19.09.2021, the appellant has mentioned that the reply of CPIO is unsatisfactory and evasive. DECISION OF FIRST APPELLATE AUTHORITY: The RTI Application dated 17.08.2021, the reply of CPIO dated 09.09.2021 and first appeal dated 19.09.2021 have been perused. As per Section 2(f) of 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 collect information that is not a part of the record. In the instant case, the CPIO-CIC had provided information as available in the records of the Commission. Further, the CPIO had also suggested the course of action to be taken for fixing a hearing on the subject. Hence, the reply sent by the CPIO-CIC is considered appropriate and as per the provisions of RTI Act, 2005. Therefore, no intervention is required on behalf of the FAA in this matter. NA
2028 CICOM/A/E/21/00204 Ms. ROOP AVTAR KAUR 19-09-2021 Ref: RTI No.CICOM/R/E/21/00759/ 2&3 GROUNDS FOR FIRST APPEAL: In his first appeals dated 19.09.2021 & 21.09.2021, the appellant has mentioned as under: i)Reply of CPIO (IC-HS) to Point-3 is contrary to the reply given by him against point 2(b). CPIO had not provided the reply received from PIO, DSSSB as sought on point (3). Revelation of reply received from PIO, DSSSB cannot impede the decision making process of CIC. ii)CPIO (IC-UM) forgot to provide the annexures mentioned on points (4), (5), (6) & (7) mentioned in the affidavit deposed by the respondent. The annexures are a part of the affidavit deposed by the respondent. iii)CPIO has not provided any information on point-5 of the online RTI Application. iv)Hon’ble CPIO has not provided the certified copies of the information. DECISION OF FIRST APPELLATE AUTHORITY: The RTI Application dated 23.08.2021, the replies of CPIOs and first appeals dated 19th 21st Sept.2021 have been perused. i)CPIO (IC-HS) is directed to provide suitable reply/information in respect of point no. 2(b) & 3 to the appellant by 28.10.2021 free of cost. ii)The RTI Act, 2005 do not prohibit providing copy of the reply of PIO when the matter is under submission. CPIO (IC-HS) in his reply has mentioned that copy would be “provided only after the decision is taken by the Commission” without mention of any provision which exempt providing the information. CPIO (IC-HS) is directed to provide a copy of the reply of PIO, DSSSB to the appellant by 28.10.2021 free of cost. iii)As regards point-4, CPIO (IC-UM) is directed to provide copies of relevant annexures to the affidavit deposed by the respondent as available in the records of the Commission. iv)CPIO (IC-UM) is directed to provide suitable reply/information in respect of point no. 5 to the appellant by 28.10.2021 free of cost. The above replies / information are to be provided by the CPIOs as per the provisions of the RTI Act, 2005 and report compliance of the above decisions. NA
2029 CICOM/A/E/21/00205 Ms. ROOP AVTAR KAUR 19-09-2021 Ref:RTI No.CICOM/R/E/21/00746 GROUNDS FOR FIRST APPEAL: In his first appeal dated 19.09.2021, the appellant has requested that CIC should direct the ONGC to provide information / compliance report with a date and should take penal action as per Section 20 of RTI Act 2005 & as per Section 19(8)(b) to compensate the complainant for any loss. DECISION OF FIRST APPELLATE AUTHORITY: The RTI Application dated 15.08.2021, the reply of CPIO dated 31.08.2021 and first appeal dated 19.09.2021 have been perused. As per Section 2(f) of 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 collect information that is not a part of the record. In the instance case, the CPIO-CIC had provided information as available in the records of the Commission. Further, the jurisdiction of FAA-CIC is to ensure that an RTI applicant be provided with the information as available in the records as per the provisions of the RTI Act, 2005. Hence, the reply sent by the CPIO-CIC is considered appropriate and as per the provisions of RTI Act, 2005. Therefore, no intervention is required on behalf of the FAA-CIC in this matter. NA
2030 CICOM/A/P/21/00100 Ms. ROOP AVTAR KAUR 16-09-2021 Ref: RTI No.CICOM/R/P/21/00300 GROUNDS FOR FIRST APPEAL: The appellant has mentioned - i) that the amount of penalty imposed during 2006-07, 2007-08, 2008-09, 2010-11 and 2011-12 has not been specified therein. The total amount shown in these reports relates to application fee, additional charges and penalty amount. ii) that the total amount outstanding out of the penalty imposed beginning from 2006-07 to 2019-20 with year-wise break up. DECISION OF FIRST APPELLATE AUTHORITY: The First Appeal petition, RTI application and reply given by the CPIO-CIC have been perused. It is verified that the statement of the appellant under first appeal point (i) is not true, except for the year 2008-09. The CPIO (CR-II), CIC is directed to provide the following information by 25.10.2021 - i) penalty imposed during 2008-09, if available separately in the records of the Commission (CIC). ii) total amount outstanding out of the penalty imposed during 2006-2020 with year-wise break up, if available separately in the records of the Commission (CIC). NA