SNo. |
Registration No |
Appellate Authority Name |
Received date |
Reply Appeal |
Reply Doc |
2371 |
CICOM/A/E/20/00212 |
Ms. ROOP AVTAR KAUR |
09-11-2020 |
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 has 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. Grounds available in records 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.
In response to the above RTI Application, the CPIO Shri Ashok Kumar Assija, DR to IC-VN provided following point-wise following information to the Appellant:
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. 2. No such information is available on record in the registry.
3. 3. No such information is available on record in the registry.
The Appellant in his First Appeal has said that the “PIO is obstructing information deliberately, knowingly and with mala-fide intentions.â€
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. Hence, the reply sent by the CPIO, CIC is factual and per the provision of RTI Act, 2005. Therefore, no intervention is required on behalf of the FAA in this matter. |
NA |
2372 |
CICOM/A/E/20/00213 |
Ms. ROOP AVTAR KAUR |
09-11-2020 |
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 has 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. Grounds available in records 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.
In response to the above RTI Application, the CPIO Shri Ashok Kumar Assija, DR to IC-VN provided following point-wise following information to the Appellant:
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. 2. No such information is available on record in the registry.
3. 3. No such information is available on record in the registry.
The Appellant in his First Appeal has said that the “PIO is obstructing information deliberately, knowingly and with mala-fide intentions.â€
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. Hence, the reply sent by the CPIO, CIC is factual and per the provision of RTI Act, 2005. Therefore, no intervention is required on behalf of the FAA in this matter. |
NA |
2373 |
CICOM/A/E/20/00211 |
Ms. ROOP AVTAR KAUR |
08-11-2020 |
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,by accusing BSF of not selecting him on the medical ground, asked for reason for not hearing his Second Appeal filed against BSF on the basis of Human Right Violation.
In response to the above RTI Application, the CPIO, Sh. Ram Kumar, RTI Cell, CIC, vide his letter dated 23.10.2020 informed the Appellant that “Central Information Commission does not have the information. You may approach the concerned authority. Central Information is the Second Appellant Authority for the RTIs filed with Departments/Ministries under Central Government and UTs of India.â€
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. He is also not required to interpret information or decision of CIC. Hence, the reply sent by the CPIO, CIC is factual and per the provision of RTI Act, 2005. Therefore, no intervention is required on behalf of the FAA in this matter. |
NA |
2374 |
CICOM/A/E/20/00210 |
Ms. ROOP AVTAR KAUR |
05-11-2020 |
पà¥à¤°à¤¾à¤°à¥à¤¥à¥€ के आर.टी.आई. आवेदन, सीपीआईओ के जवाब और पà¥à¤°à¤¾à¤°à¥à¤¥à¥€ दà¥à¤µà¤¾à¤°à¤¾ दाखिल पà¥à¤°à¤¥à¤® अपील का अवलोकन करने के उपरांत यह सà¥à¤ªà¤·à¥à¤Ÿ है कि पà¥à¤°à¤¾à¤°à¥à¤¥à¥€ ने अपने आर.टी.आई आवेदन के माधà¥à¤¯à¤® से आयोग में कारà¥à¤¯à¤°à¤¤à¥à¤¤ à¤à¤• आंकड़ा पà¥à¤°à¤µà¤¿à¤·à¥à¤Ÿà¤¿ पà¥à¤°à¤šà¤¾à¤²à¤• (DEO) को आयोग में à¤à¤°à¥à¤¤à¥€ किये जाने कीअवधि, उनका मासिक वेतन और60 वरà¥à¤·à¤¸à¥‡ अधिक आयॠका होने के वावजूद, उनà¥à¤¹à¥‡à¤‚ जिस नियम अथवा आदेश के आधार पर à¤à¤°à¥à¤¤à¥€ किया गया, उसके विवरण की मांग की थी।
केनà¥à¤¦à¥à¤°à¥€à¤¯ जन सूचना अधिकारी, शà¥à¤°à¥€à¤¸à¥€.विनोद बाबूने दिनांक 04.11.2020 के पतà¥à¤° के माधà¥à¤¯à¤® से पà¥à¤°à¤¾à¤°à¥à¤¥à¥€ को बिनà¥à¤¦à¥à¤µà¤¾à¤° सूचना पà¥à¤°à¥‡à¤·à¤¿à¤¤ की, जिसमेंसमà¥à¤¬à¤‚धित करà¥à¤®à¤šà¤¾à¤°à¥€ के मासिक वेतन की सूचना कोसूचना अधिकार अधिनियम की धारा 8(1)(j) के पà¥à¤°à¤¾à¤µà¤§à¤¾à¤¨à¥‹à¤‚ के अंतरà¥à¤—त पà¥à¤°à¤¦à¤¾à¤¨ करते हà¥à¤,हà¥à¤ शेष सूचना पà¥à¤°à¤¦à¤¾à¤¨ कर दी गई थी।
पà¥à¤°à¤¾à¤ªà¥à¤¤ जवाब से असंतà¥à¤·à¥à¤Ÿ होकर पà¥à¤°à¤¾à¤°à¥à¤¥à¥€ ने पà¥à¤°à¤¸à¥à¤¤à¥à¤¤ पà¥à¤°à¤¥à¤® अपील संसà¥à¤¥à¤¿à¤¤ किया है, जिसमें पà¥à¤°à¤¾à¤°à¥à¤¥à¥€ ने आवेदन के बिंदॠसंखà¥à¤¯à¤¾ 2 à¤à¤µà¤‚ 3 के अंतरà¥à¤—त पà¥à¤°à¤¦à¤¾à¤¨ की गई सूचना कोगलत और असतà¥à¤¯ बताया है।
यहाठयह उलà¥à¤²à¥‡à¤– पà¥à¤°à¤¾à¤¸à¤‚गिक होगा कि,सूचना का अधिकार अधिनियम की धारा 2(च) के पà¥à¤°à¤¾à¤µà¤§à¤¾à¤¨à¥‹à¤‚ के आलोक में à¤à¤• जन सूचना अधिकारी, समà¥à¤¬à¤‚धित लोक पà¥à¤°à¤¾à¤§à¤¿à¤•ार के नियंतà¥à¤°à¤£à¤¾à¤§à¥€à¤¨ और रिकॉरà¥à¤¡ में उपलबà¥à¤§ और पà¥à¤°à¤¦à¤¾à¤¨ किये जाने योगà¥à¤¯ सूचना ही पà¥à¤°à¤¦à¤¾à¤¨ कर सकता है। अत: आवेदन के बिंदॠसंखà¥à¤¯à¤¾ 1 तथा 3 के अंतरà¥à¤—त पà¥à¤°à¤¦à¤¾à¤¨ की गई सूचना तथà¥à¤¯à¤¾à¤¨à¥à¤°à¥‚प और सूचना काअधिकार अधिनियम के पà¥à¤°à¤¾à¤µà¤§à¤¾à¤¨à¥‹à¤‚ के अनà¥à¤°à¥‚प है । जहाठतक आवेदन के बिंदॠसंखà¥à¤¯à¤¾ 2 की सूचना, जोपà¥à¤°à¤¶à¥à¤¨à¤—त करà¥à¤®à¤šà¤¾à¤°à¥€ के वेतन से समà¥à¤¬à¤‚धित है,तृतीय पकà¥à¤· की गोपनीय सूचना है और सूचनाका अधिकार अधिनियम की धारा8(1)(j) केपà¥à¤°à¤¾à¤µà¤§à¤¾à¤¨à¥‹à¤‚ के अंतरà¥à¤—त इसे किसी अनà¥à¤¯ वà¥à¤¯à¤•à¥à¤¤à¤¿ को पà¥à¤°à¤¦à¤¾à¤¨ नहीं की जा सकती है, विशेषकर उस परिसà¥à¤¥à¤¿à¤¤à¤¿ में, जबकिइसके पà¥à¤°à¤•टन में कोई लोकहित निहित नहीं है और न ही पà¥à¤°à¤¾à¤°à¥à¤¥à¥€ ने इसके समरà¥à¤¥à¤¨ में कोई विशिषà¥à¤Ÿ दलील ही पà¥à¤°à¤¸à¥à¤¤à¥à¤¤ कियाहै।अत: पà¥à¤°à¤¸à¥à¤¤à¥à¤¤ मामले में अधोहसà¥à¤¤à¤¾à¤•à¥à¤·à¤°à¥€ के हसà¥à¤¤à¤•à¥à¤·à¥‡à¤ª की आवशà¥à¤¯à¤•ता नहीं है। |
NA |
2375 |
CICOM/A/E/20/00208 |
Ms. ROOP AVTAR KAUR |
04-11-2020 |
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. “Provide the lunch hours applicable to Information Commissioner, Chief Information Commissioner and other officers/officials of the CIC.
2. Provide the information about listing of second appeals, complaints and non-compliance petitions before the Information Commissioner and/or Chief IC, post lunch hours in the Central Information Commission.
3. Provide the daily record of entry and exit timings of all the official vehicles along with names of the all the officials to whom the vehicles have been allocated from the CIC building (excluding the lock down period).
4. Copy of attendance records of all the officials mentioned at S. No. 3.â€
The CPIO, CIC, Sh. C. VinodBabu, through his reply dated 21.10.2020, provided following information to the Appellant:
1. “Lunch hours in CIC are between 01.30 P.M. to 02.00 P.M. without any exception.
2. Do not pertain to Admn. Section. Accordingly the RTI Application is transferred to DS (CR) for appropriate disposal direct to the applicant.
3. Do not pertain to Admn. Section. Accordingly the RTI application is transferred to DS (GA) for appropriate disposal direct to the applicant.
4. The information is exempt from sharing under Section 8(1)(j).â€
The CPIO, CIC, Sh. C. VinodBabu, through his next letter dated 21.10.2020, informed the Appellant that the information against point no. 2, “will be provided by RTI Cell, CICâ€. Consequently, Shri Ram Kumar, CPIO (RTI Cell), vide his letter dated 29.10.2020 provided following information against point no.2.:
“The details regarding listing of 2nd Appeals and complaints are available on the Commission website cic.gov.in. You may go through dscic.nic.in/causelist-report-web/registry-cause-list/1.â€
It is also observed that reply against point no. 3 of the RTI Application has been sent to the Appellant by Sh. S. K. Rabbani, Deputy Secretary, (P&B), in which desired information has been denied u/s 8(1)(g) of RTI Act, considering its disclosure dangerous to the security of the individuals.
It is observed that the issue raised by the Appellant has already been addressed by the undersigned in First Appeal Order no. CICOM/A/E/20/00193 dated 23.10.2020, which was filed by the Appellant in respect to his above RTI Application. The Appellant has not raised any other specific issue through this First Appeal Therefore, no intervention is required on behalf of the FAA in this matter. |
NA |
2376 |
CICOM/A/P/20/00101 |
Ms. ROOP AVTAR KAUR |
03-11-2020 |
Please see the file. |
|
2377 |
CICOM/A/P/20/00100 |
Ms. ROOP AVTAR KAUR |
03-11-2020 |
Please see the file. |
|
2378 |
CICOM/A/P/20/00099 |
Ms. ROOP AVTAR KAUR |
03-11-2020 |
Please see the file. |
|
2379 |
CICOM/A/E/20/00206 |
Ms. ROOP AVTAR KAUR |
03-11-2020 |
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 interpretationofvarious terms used in Section 8(1)(h) of RTI Act, 2005.
In response to the above RTI Application, the CPIO, Sh. Ram Kumar, RTI Cell, CIC, vide his letter dated 27.10.2020 informed the Appellant that, “Questions/Queries cannot be answered/clarified under RTI Act. Central Information Commission is the second appellate authority for the RTIs filed with Ministries/Departments under Central Government and UTs of India.â€
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. He is also not required to interpret information.Hence, the reply sent by the CPIO, CIC is factual and per the provision of RTI Act, 2005. Therefore, no intervention is required on behalf of the FAA in this matter. |
NA |
2380 |
CICOM/A/E/20/00205 |
Ms. ROOP AVTAR KAUR |
03-11-2020 |
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. “Provide the lunch hours applicable to Information Commissioner, Chief Information Commissioner and other officers/officials of the CIC.
2. Provide the information about listing of second appeals, complaints and non-compliance petitions before the Information Commissioner and/or Chief IC, post lunch hours in the Central Information Commission.
3. Provide the daily record of entry and exit timings of all the official vehicles along with names of the all the officials to whom the vehicles have been allocated from the CIC building (excluding the lock down period).
4. Copy of attendance records of all the officials mentioned at S. No. 3.â€
In response to the above RTI Application, the CPIO, C. VinodBabu, CIC provided following information to the Appellant:
1. The working hours of the Commission are from 09.30 to 18.00 hrs. (Saturdays and Sundays closed), which are applicable to all category of personnel.
2. The information has been given above against point number 1.
3. The information is given at the web site of CIC, the link for which is given below https://cic.gov.in/contact.
4. Information same as given at CIC’s website as mentioned above.
The Appellant in his First Appeal has said that, “The “PIO was supposed to provide information on point number 2 of my RTI, which he is obstructing deliberately, knowingly and with the mala-fide intentions.â€
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. The CPIO in his reply has already provided his reply in respect to query no. 2 of the RTI Application, which is factual and as per the provision of RTI Act, 2005. Moreover, this issue has already been addressed by the undersigned in First Appeal Order no. CICOM/A/E/20/00193 dated 23.10.2020, which was filed by the Appellant in respect to his above RTI Application. Therefore, no intervention is required on behalf of the FAA in this matter. |
NA |