SNo. |
Registration No |
Appellate Authority Name |
Received date |
Reply Appeal |
Reply Doc |
561 |
CICOM/A/E/24/00185 |
Ms. ROOP AVTAR KAUR |
30-05-2024 |
Ref RTI No. - CICOM/R/E/24/00659
GROUNDS FOR FIRST APPEAL:
The Appellant submitted first appeal stating that
"30 May 2024 First Appellate Authority Central Information Commission New Delhi Sir, 1. Attached herewith is the reply provided by CPIO Shri Subodh Kumar at your end vide letter No. CICOM/R/E/24/00659 dated 30 May 2024. 2. Shri Haro Prasad Sen the then CPIO has resigned, put down papers, applied VRS Or had been compulsorily relieved from Govt Service should be supported by the appropriate documents communicating demitted the office is not acceptable. 3. Given the foregoing, it is a humble request to:- (a) Direct and counsel the CPIO to provide the appointment on a mutually agreed date and valid reasons of Shri Haro Prasad Sen demitting the office and in case of transfer details of his new office. (b) Direct the CPIO to furnish the reasons for furnishing fake, false and incomplete reply. (c) Impose the penalty on CPIO under Sec 20(1) & 20(2) of the RTI Act for deliberately providing fake, false and incomplete information i.e. avoiding appointment. (d) Order an inquiry under Sec 18 of the RTI Act to reveal the facts for not providing the appointment in time. (e) Action taken against the CPIO be promulgated in the orders published at your end and should be sent across to all concerned notifying his failure in delivering the duties of CPIO while on the posted strength of Central Information Commission. And the same order should be pasted in his Service Book and should be taken into account while considering him for Promotion/DPC in future. (f) Order an inquiry to establish the intention of harassing the information seeker mentally, financially and physically. And willful defiance of an act rolled out by GoI named as RTI Act 2005 and 2012 and indifference towards Government duty. (g) Suitably compensate the undersigned for deliberated mental, physical and financial harassment."
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.
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 |
562 |
CICOM/A/P/24/00060 |
Brig. VIPIN CHAKRAWARTI |
28-05-2024 |
Please see the file. |
|
563 |
CICOM/A/P/24/00061 |
Ms. ROOP AVTAR KAUR |
28-05-2024 |
आर. टी. आई. आवेदन, पà¥à¤°à¤¦à¤¾à¤¨ की गई सूचना à¤à¤µà¤‚ पà¥à¤°à¤¥à¤® अपील का अवलोकन करने पर पाया गया कि अपीलकरà¥à¤¤à¤¾ के आर.टी.आई. आवेदन सं. CICOM/R/P/24/00201 के पà¥à¤°à¤¤à¤¿à¤‰à¤¤à¥à¤¤à¤° में केंदà¥à¤°à¥€à¤¯ जन सूचना अधिकारी दà¥à¤µà¤¾à¤°à¤¾ पà¥à¤°à¥‡à¤·à¤¿à¤¤ की गई सूचना, सूचना का अधिकार अधिनियम के पà¥à¤°à¤¾à¤µà¤§à¤¾à¤¨à¥‹à¤‚ à¤à¤µà¤‚ मांगी गई सूचना के अनà¥à¤¸à¤¾à¤° ही है। अतः केंदà¥à¤°à¥€à¤¯ जन सूचना अधिकारी दà¥à¤µà¤¾à¤°à¤¾ पà¥à¤°à¤¦à¤¾à¤¨ की गई सूचना तथà¥à¤¯à¤¾à¤¤à¥à¤®à¤• है और इसमें पà¥à¤°à¤¥à¤® अपीलीय अधिकारी के हसà¥à¤¤à¤•à¥à¤·à¥‡à¤ª की कोई आवशà¥à¤¯à¤•ता नहीं है। |
NA |
564 |
CICOM/A/P/24/00062 |
Ms. ROOP AVTAR KAUR |
28-05-2024 |
Ref RTI No. - CICOM/R/E/24/00332
GROUNDS FOR FIRST APPEAL:
The Appellant submitted first appeal being dissatisfied with the reply of the CPIO(DR to IC-VT) at point 2, CPIO(M&R) at point 1 and CPIO(Legal Cell) at point 3.
DECISION OF FIRST APPELLATE AUTHORITY:
The First Appeal, RTI application and reply given by CPIO of CIC have been perused.
In the instant appeal, the appellant had requested for personal hearing of the first appeal via video conferencing mode to which a hearing was primarily scheduled on 12.06.2024 at 11:30 am via Bharat VC conference. However, the appellant expressed his inability to attend the hearing due to his ill health, accordingly the hearing was rescheduled on 18.06.2024 at 03:00 pm via Bharat VC conference.
On 14.06.2024, through e-mail and letter dt. 04.06.2024 received on 10.06.2024 in CIC (on 14.06.2024 received in the O/0 AS & FAA) the appellant expressed his inability to attend the First Appeal hearing via Bharat VC mode and requested for hearing of first appeal through a NIC Studio. The NIC Studios are booked for hearing of Second Appeals/ Complaints only and there is no provision and precedence to book NIC studio for hearing of First Appeal. The same was also brought to the appellant’s notice through a telephonic call on 14.06.2024 and the appellant consented to attend the hearing via audio conferencing mode. The hearing was conducted on 18.06.2024 at 03:00 p.m. via audio conferencing mode.
The subject First Appeal was heard by both the First Appellate Authorities i.e. Additional Secretary, CIC and Registrar, CIC as the First Appeal pertains to CPIOs of both First Appellate Authorities. The appellant and all the above-mentioned CPIOs were present in the hearing. All the submissions made by the appellant were considered during the decision on the first appeal.
For Point 1
As per CPIO (M&R Section), the RTIs uploaded on the Central Information Commission website are automatically fetched from the DoPT’s RTI portal. Due to heavy load/traffic of public authorities on the DoPT’s portal, there is time lag to fetch the RTIs on the CIC website and only a limited amount of RTIs is permissible to be fetched by the CIC website. Also, the RTIs are fetched only if the CPIO allows its disclosure in public domain. The subject RTI may reflect on the Central Information Commission after some time.
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 2 & 4
We have examined the replies to RTI points No. 2 & 4 and find that the reply is in accordance with the RTI Act, 2005. Hence, no intervention is required on behalf of the FAA in this matter.
For Point 3
In the instant case, CPIO (Legal Cell) is directed to provide relevant available information as desired by the appellant as per the RTI Act, 2005 by 28.06.2024.
The appeal is disposed of accordingly. |
NA |
565 |
CICOM/A/E/24/00183 |
Brig. VIPIN CHAKRAWARTI |
27-05-2024 |
On perusal of the online Appeal, RTI application and reply of the CPIO, it is observed that the information given by the CPIO is as per provisions of the RTI Act, 2005. Therefore, no further intervention is required on the part of FAA in the matter. |
NA |
566 |
CICOM/A/E/24/00182 |
Brig. VIPIN CHAKRAWARTI |
27-05-2024 |
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. |
NA |
567 |
CICOM/A/E/24/00181 |
Ms. ROOP AVTAR KAUR |
27-05-2024 |
Ref RTI No. - CICOM/R/E/24/00631
GROUNDS FOR FIRST APPEAL:
The Appellant submitted first appeal stating that
"I m not satisfied with the reply of CPIO. Relevant required copy of documents of decision of CIC what I had asked in the application dated 04.05.2024 should be provided free of cost. "
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.
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 |
568 |
CICOM/A/E/24/00184 |
Ms. ROOP AVTAR KAUR |
27-05-2024 |
Ref RTI No. - CICOM/R/E/24/00625
GROUNDS FOR FIRST APPEAL:
The Appellant submitted first appeal stating that
"1. Hon. Central Vigilance Commission has directed to resolve the matter , regarding appointment as adviser. Kindly see that the instructions of Hon. CVC are followed. ---------- Forwarded message --------- From: portal-cvc@nic.in Date: Wed, May 15, 2024 Subject: Complaint : 56639/2024 To: ashishshanker88@gmail.com Sir/Madam, your complaint 56639/2024 has been forwarded to CVO DEPARTMENT OF PERSONNEL AND TRAINING for necessary action. The CVO is expected to examine the complaint and decide further action. Central Vigilance Commission. 2. Regarding appointment as Adviser in the Ministry of Defence or Commerce. Grievance Status for registration number : PRSEC/E/2024/0017566 Grievance Concerns To Ashish Shankar Date of Receipt 23/04/2024 Received By President Secretariat Grievance Description I request to look into the matter - Regarding appointment as Adviser in the Ministry of Defence or Commerce. Attached Department of Personnel and Training letter , Dated - 9 march 23 , 22 March 23 , 31 March 23 and 13 April 23. Department of Personnel and Training advises redressal within 30 days. New letter dated 20 november 23 , issued by the Ministry of Commerce is also attached. I will be obliged and thankful for the help regarding this."
DECISION OF FIRST APPELLATE AUTHORITY:
The First Appeal, RTI application and reply given by CPIO of CIC have been perused.
The information sought is not clear and moreover it appears that the information does not pertain to Central Information Commission.
As per the Section 6(1) of the RTI Act, 2005, the applicant shall file information request with the concerned Public Authority which holds the information.
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 |
569 |
CICOM/A/E/24/00180 |
Brig. VIPIN CHAKRAWARTI |
25-05-2024 |
On perusal of the online Appeal, RTI application and reply of the CPIO, it is observed that the information given by the CPIO is as per provisions of the RTI Act, 2005. Therefore, no further intervention is required on the part of FAA in the matter. |
NA |
570 |
CICOM/A/P/24/00059 |
Brig. VIPIN CHAKRAWARTI |
24-05-2024 |
Please see the file. |
|