| SNo. |
Registration No |
Appellate Authority Name |
Received date |
Reply Appeal |
Reply Doc |
| 2421 |
CICOM/A/P/20/00086 |
AJITKUMAR VASANTRAO SONTAKKE |
28-09-2020 |
Please see the file. |
 |
| 2422 |
CICOM/A/P/20/00085 |
AJITKUMAR VASANTRAO SONTAKKE |
28-09-2020 |
Please see the file. |
|
| 2423 |
CICOM/A/P/20/00088 |
Ms. ROOP AVTAR KAUR |
28-09-2020 |
Please see the file. |
|
| 2424 |
CICOM/A/E/20/00172 |
Ms. ROOP AVTAR KAUR |
28-09-2020 |
The Appellant has filed three online First Appeals in respect to his three online RTI applications filed on 23.09.2020, asking same information through them. Ongoing through the RTI Applications, the replies sent by the CPIO and the First Appeals filed by the Appellant it is observed that the information asked for by the Appellant is not clear. It seems that the Appellant has asked for provisions under which personal information of a Govt. employee can be obtained or seen by other employee and under which provision the personal information of an employee can be made public by a public authority. The Appellant has also asked for decisions taken by Central Information Commission in this regard.
The CPIO, CIC in his reply has informed the Appellant that “You may go through the RTI Act, 2005 and RTI Rules, 2012 available on public domain. It is to inform you that all the decisions of Central information Commission is available on website cic.gov.in.†It is worth mentioning here 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 information that is not a part of the record. He is also not required to interpret information or furnished replies to the hypothetical questions. Similarly, all the decisions passed by the Commission is available on the website of the Commission in public domain. And 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’ as has been observed by Delhi High Court in the matter of Registrar of Companies &Ors vs. Dharemendra Kumar Garg&Ors[W.P.(C) 11271/2009]. Hence information provided by the CPIO is as per the provision of RTI Act, 2005. Therefore, no intervention is required on behalf of FAA in these matters. |
NA |
| 2425 |
CICOM/A/E/20/00174 |
Ms. ROOP AVTAR KAUR |
28-09-2020 |
The Appellant has filed three online First Appeals in respect to his three online RTI applications filed on 23.09.2020, asking same information through them. Ongoing through the RTI Applications, the replies sent by the CPIO and the First Appeals filed by the Appellant it is observed that the information asked for by the Appellant is not clear. It seems that the Appellant has asked for provisions under which personal information of a Govt. employee can be obtained or seen by other employee and under which provision the personal information of an employee can be made public by a public authority. The Appellant has also asked for decisions taken by Central Information Commission in this regard.
The CPIO, CIC in his reply has informed the Appellant that “You may go through the RTI Act, 2005 and RTI Rules, 2012 available on public domain. It is to inform you that all the decisions of Central information Commission is available on website cic.gov.in.†It is worth mentioning here 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 information that is not a part of the record. He is also not required to interpret information or furnished replies to the hypothetical questions. Similarly, all the decisions passed by the Commission is available on the website of the Commission in public domain. And 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’ as has been observed by Delhi High Court in the matter of Registrar of Companies &Ors vs. Dharemendra Kumar Garg&Ors[W.P.(C) 11271/2009]. Hence information provided by the CPIO is as per the provision of RTI Act, 2005. Therefore, no intervention is required on behalf of FAA in these matters. |
NA |
| 2426 |
CICOM/A/E/20/00173 |
Ms. ROOP AVTAR KAUR |
28-09-2020 |
The Appellant has filed three online First Appeals in respect to his three online RTI applications filed on 23.09.2020, asking same information through them. Ongoing through the RTI Applications, the replies sent by the CPIO and the First Appeals filed by the Appellant it is observed that the information asked for by the Appellant is not clear. It seems that the Appellant has asked for provisions under which personal information of a Govt. employee can be obtained or seen by other employee and under which provision the personal information of an employee can be made public by a public authority. The Appellant has also asked for decisions taken by Central Information Commission in this regard.
The CPIO, CIC in his reply has informed the Appellant that “You may go through the RTI Act, 2005 and RTI Rules, 2012 available on public domain. It is to inform you that all the decisions of Central information Commission is available on website cic.gov.in.†It is worth mentioning here 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 information that is not a part of the record. He is also not required to interpret information or furnished replies to the hypothetical questions. Similarly, all the decisions passed by the Commission is available on the website of the Commission in public domain. And 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’ as has been observed by Delhi High Court in the matter of Registrar of Companies &Ors vs. Dharemendra Kumar Garg&Ors[W.P.(C) 11271/2009]. Hence information provided by the CPIO is as per the provision of RTI Act, 2005. Therefore, no intervention is required on behalf of FAA in these matters. |
NA |
| 2427 |
CICOM/A/E/20/00169 |
Ms. ROOP AVTAR KAUR |
25-09-2020 |
Ongoing 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 information regarding disciplinary/ penal provisions against a CPIO who has asked for fees under RTI from a citizen, who is under BPL category and has already attached copy of his BPL certificate with his RTI Application. Together with the Appellant has also asked for information regarding complain mechanism.
The CPIO, CIC in his reply has informed the Appellant that “No queries/comments can be given under RTI Act. However, for desired information, you may go through the RTI Act, 2005 and RTI Rules 2012 available on public domain.†It is worth mentioning here 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 information that is not a part of the record. He is also not required to interpret information or furnished replies to the hypothetical questions. Similarly, relevant Sections 18 and 19(3) of RTI Act, 2005 and ‘RTI Rules, 2012’, provides the provisions and procedure of filing Complaint/Second Appeal, which are available in public domain and on the website of the Commission also. And 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’ as has been observed by Delhi High Court in the matter of Registrar of Companies & Ors vs. Dharemendra Kumar Garg & Ors [W.P.(C) 11271/2009]. Hence information provided by the CPIO is as per the provision of RTI Act, 2005. Therefore, no intervention is required on behalf of FAA in this matter. |
NA |
| 2428 |
CICOM/A/E/20/00171 |
Ms. ROOP AVTAR KAUR |
25-09-2020 |
Ongoing 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 copies of recommendations made by Central Information Commission u/s 25(5) of RTI Act to the public authorities and has requested the Commission to disclose proactively the RTI Applications received in the Commission and their responses on the website of the Commission in accordance with the DoP&T OM No. 1/62011-IR dated 15.04.2013
The CPIO, CIC in his reply against point No. 1 has informed the Appellant that, “No information is available regarding to the recommendation issued to the Pas under section 25(5) of RTI Act, 2005†and against point No. 2 the Appellant has been informed that, “The RTI replies are available on CIC website i.e. www.cic.gov.in. The direct link for the rti replies is cic.gov.in/rti-reply.†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. Hence, information provided by the CPIO is as per the provision of RTI Act, 2005. Therefore, no intervention is required on behalf of FAA in this matter. |
NA |
| 2429 |
CICOM/A/E/20/00170 |
Ms. ROOP AVTAR KAUR |
25-09-2020 |
Ongoing 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 guidelines and procedure of seeking information pertaining to a third party.
The CPIO, CIC in his reply has informed the Appellant that “You may go through the RTI Act, 2005 and RTI Rules 2012 available on public domain for desired information.†It is worth mentioning here 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 information that is not a part of the record. Hence information provided by the CPIO is as per the provision of RTI Act, 2005. The Appellant may go through the relevant Sections of RTI Act, 2005. Therefore, no intervention is required on behalf of FAA in this matter. |
NA |
| 2430 |
CICOM/A/P/20/00084 |
Ms. ROOP AVTAR KAUR |
22-09-2020 |
Please see the file. |
|