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SNo. Registration No Appellate Authority Name Received date Reply Appeal Reply Doc
2351 CICOM/A/P/20/00110 Ms. ROOP AVTAR KAUR 25-11-2020 Please see the file. download pdf
2352 CICOM/A/E/20/00231 Ms. ROOP AVTAR KAUR 25-11-2020 1. The present RTI Application was received in CIC from Department of Post on transfer u/s 6(3) of RTI Act, wherein the Appellant, by giving reference of some Second Appeal Orders of show cause notices and directions issued to respondent public authority (Department of Post), had asked for information regarding whether any “cautioned/warned/issued show cause notice only or imposed penalty to CPIO or Public Authority of Department of Post by the Commission during the period from 01.01.2019 to 31.07.2019.”It is worth mentioning that the same RTI Application of the Appellant was also received in the CIC on transfer u/s 6(3) of the RTI Act from Department of Higher Education. 2. In response to the above RTI Application, Sh. B. S. Kasana, CPIO informed the Appellant that, “the reply related to this registry has already been given to the applicant vide letter No.CICOM/R/T/20/00048 dated 08.09.2020”. In letter No.CICOM/R/T/20/00048 dated 08.09.2020 CPIO, CIC has mentioned that “as and when Central Information Commission cautions/warns/issues show cause notice or impose penalty, it is done through orders of hearing of Second Appeal and all such order are uploaded on the website. Thus no information, other than this, is available with the Commission”. It is worth mentioning that as per the provision of 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 authoritycan be provided by a PIO. The PIO is not supposed to create or collect information that is not a part of the record. Moreover, all decisions passed by the Commission is available on the website of the Commissioin in public domain and as per decision of Hon’ble High Court of Delhi in the matter of Registrar of Companies &Ors vs. Dharemendra Kumar Garg &Ors[W.P.(C) 11271/2009], once information has been provided in public domain and on the website, the information is no longer held by or under the control of any public authority and hence, is no longer accessible as ‘right to information’. Hence, the reply provided by the CPIO, CIC is as per the provision of the RTI Act, 2005. Therefore, no intervention is required on behalf of the FAA in this matter. NA
2353 CICOM/A/E/20/00230 Ms. ROOP AVTAR KAUR 23-11-2020 On going through the RTI Application, the reply sent by the CPIO and the First Appeal filed by the Appellant, it is observed that the Appellant through his RTI Application asked for following information:- 1. Total number and list of all pending cases registered in the year 2018 and prior as on current date of this RTI by the DR Shri Assija. 2. Grounds available in records along with proof based upon which Sno 1 hearing is not scheduled by the DR thereby violating section 4.1.b.iv of CIC. 3. Total number and list of all pending cases registered in the year 2018 and prior as on date of disposal of this RTI by the DR Shri Assija. 4. Total number and list of all legal notices received by CIC from the advocate of applicants or complainants pertaining to violation of section 4.1.b.iv of CIC. 5. Copies of all documents which were prepared, executed, issued, and received pertaining to Sno 4 along with file noting and signatures of the officials. 6. Action taken closure report for Sno 4. 2. In response to the above RTI Application, Sh. Ashok Kumar Assija, CPIO has provided the following point wise information vide Online RTI No. CICOM/R/E/20/00858/1:- 1. No such list is maintained by the registry. The pending list of the Commission is available on the website of the Commission.i.e. https://dsscic.nic.in/cause-list-report-web/view-pending-cases. 2. No such information is available on record in the registry. 3. No such information is available on record in the registry. 4. No such information is available on record in the registry. 5. No such information is available on record in the registry. 6. No such information is available on record in the registry. It is worth mentioning that as per the provision of 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. Hence, the reply provided by the CPIO, CIC is factual and as per the provision of the RTI Act, 2005. Therefore, no intervention is required on behalf of the FAA in this matter. NA
2354 CICOM/A/E/20/00228 Ms. ROOP AVTAR KAUR 21-11-2020 The Appellant through his RTI Application asked for following information:- “Disclose the action taken against the concerned CPIO on the basis of the complaint through email sent to the email address neerajk.gupta@nic.in on 28th September 2020 from the email address goutam9007@gmail.com”. The Appellant has also mentioned that email dated 28.09.2020 from goutam9007@gmail.com is attached as Request Document. 2. In response to the above RTI Application, Sh. Ram Kumar, CPIO has informed the Appellant that “no attachment is found with your RTI. In the absence of the RTI details, your above online request is returned to you”. On going through the RTI application, no supporting documents have been found with online RTI application No. CICOM/R/E/20/00822, accordingly, the reply sent by the CPIO is factual and as per the provision of RTI Act, 2005. Now, the Appellant has submitted the copy of email dated 30.09 2020 with his First Appeal Petition. So, in the view of spirit of RTI Act, 2005, Sh. Ram Kumar, CPIO, RTI Cell is directed to provide a fresh information within 15 days of receipt of this order. NA
2355 CICOM/A/E/20/00229 Ms. ROOP AVTAR KAUR 21-11-2020 1. On going through the RTI Application, the reply sent by the CPIO and the First Appeal filed by the Appellant, it is observed that the Appellant through his RTI Application asked for following information:- “Provide information about central information commission registered case of second appeals and complaints number of data, , second appeals and complaints in fine and actions of number of cases since from 6 nd January 2005 to till date” 2. In response to the above RTI Application, Sh. Devender Kumar and Sh. Ram Kumas, CPIOs of the Commission have provided the information vide letter dated 17.11.2020 and 20.11.2020 respectively. Both of the CPIOs have given the link of website and mentioned that information can be viewed from the website. 3 It is worth mentioning that as per the decision of Hon’ble High Court of Delhi in the matter of Registrar of Companies &Ors vs. Dharemendra Kumar Garg &Ors [W.P.(C) 11271/2009], once information has been provided in public domain and on the website, the information is no longer held by or under the control of any public authority and hence, is no longer accessible as ‘right to information’. Hence, the reply provided by the CPIO, CIC is as per the provision of the RTI Act, 2005. Therefore, no intervention is required on behalf of the FAA in this matter. NA
2356 CICOM/A/E/20/00226 Ms. ROOP AVTAR KAUR 19-11-2020 On going through the RTI Application, the reply sent by the CPIO and the First Appeal filed by the Appellant, it is observed that the Appellant through his RTI Application asked for following information:- “According to the RTI Act, 2005 and the Central information Commission, is Prime Minister’s National Relief Fund (PMNRF) a Public Authority as per section 2 (h) of the RTI Act, 2005”. 2. In response to the above RTI Application, Sh. Ram Kumar, CPIO has informed that “No such information is available as per records”. It is worth mentioning that as per the provision of 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. Hence, the reply provided by the CPIO, CIC is factual and as per the provision of the RTI Act, 2005. Therefore, no intervention is required on behalf of the FAA in this matter. NA
2357 CICOM/A/E/20/00222 Ms. ROOP AVTAR KAUR 18-11-2020 On going through the RTI Application, the reply sent by the CPIO and the First Appeal filed by the Appellant, it is observed that the Appellant through his RTI Application asked for eligibility criteria for CDS and AFCAT. In response to the above RTI Application, the CPIO, Sh. Ram Kumar, RTI Cell, CIC, vide his letter dated 16.11.2020 informed the Appellant that, “No clarification can be given under RTI Act, 2005. You may approach the concerned authorities. Central Information Commission is the second appellate authority for the RTIs filed with Departments/Ministries under Central Government and UTs of India.” It is worth mentioning that as per the provision of 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. He is also not required to interpret information. Hence, the reply sent by the CPIO, CIC is factual and as per the provision of the RTI Act, 2005. Therefore, no intervention is required on behalf of the FAA in this matter. NA
2358 CICOM/A/E/20/00223 Ms. ROOP AVTAR KAUR 18-11-2020 On going through the RTI Application, the reply sent by the CPIO and the First Appeal filed by the Appellant, it is observed that the Appellant through his RTI Application asked for following information:- 1. list of cases registered in 2017 against Central information Commission which are pending for hearing as on current date of RTI. 2. Ground available in record based upon which hearing of cases mentioned at S.No. 1 is delayed as per section 4.1.b.iv. 3. Name and designation of the official accountable as per S.No.2. 2. In response to the above RTI Application, Sh. Ashok Kumar Assija, CPIO has provided the following point wise information vide Online RTI No. CICOM/R/E/20/00814/1:- 1. No such list is maintained by the registry. The pending list of the Commission is available on the website of the Commission.i.e. https://dsscic.nic.in/cause-list-report-web/view-pending-cases. 2. No such information is available on record in the registry. 3. No such information is available on record in the registry. It is worth mentioning that as per the provision of 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. Hence, the reply provided by the CPIO, CIC is factual and as per the provision of the RTI Act, 2005. Therefore, no intervention is required on behalf of the FAA in this matter. NA
2359 CICOM/A/E/20/00225 Ms. ROOP AVTAR KAUR 18-11-2020 The Appellant through his RTI Application asked for following information:- “Disclose the action taken against the concerned CPIO and RTI Nodal Officer on the basis of the complaint through email sent to the email address neerajk.gupta@nic.in on 15th Aug, 2020 from the email address goutam9007@gmail.com”. The Appellant has also mentioned that email dated 15.08.2020 from goutam9007@gmail.com is attached as Request Document. 2. In response to the above RTI Application, Sh. Ram Kumar, CPIO has informed the Appellant that “no attachment is found with your RTI. In the absence of the RTI details, your above online request is returned to you”. On going through the RTI application, no supporting documents have been found with online RTI application No. CICOM/R/E/20/00819, accordingly, the reply sent by the CPIO is factual and as per the provision of RTI Act, 2005. Now, the Appellant has submitted the copy of email dated 15th Aug 2020 with his First Appeal Petition. So, in the view of spirit of RTI Act, 2005, Sh. Ram Kumar, CPIO, RTI Cell is directed to provide a fresh information within 15 days of receipt of this order. NA
2360 CICOM/A/E/20/00224 Ms. ROOP AVTAR KAUR 18-11-2020 On going through the RTI Application, the reply sent by the CPIO and the First Appeal filed by the Appellant, it is observed that the Appellant through his RTI Application asked for following information:- 1. List of cases registered in 2018 against Central information Commission which are pending for hearing as on current date of RTI. 2. Ground available in record based upon which hearing of cases mentioned at S.No. 1 is delayed as per section 4.1.b.iv. set by CIC. 3. Name and designation of the official accountable as per S.No.2. 2. In response to the above RTI Application, Sh. Ashok Kumar Assija, CPIO has provided the following point wise information vide Online RTI No. CICOM/R/E/20/00813/1:- 1. No such list is maintained by the registry. The pending list of the Commission is available on the website of the Commission.i.e. https://dsscic.nic.in/cause-list-report-web/view-pending-cases. 2. No such information is available on record in the registry. 3. No such information is available on record in the registry. It is worth mentioning that as per the provision of 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. Hence, the reply provided by the CPIO, CIC is factual and as per the provision of the RTI Act, 2005. Therefore, no intervention is required on behalf of the FAA in this matter. NA