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List of RTI Appeal

SNo. Registration No Appellate Authority Name Received date Reply Appeal Reply Doc
731 CICOM/A/E/24/00042 Ms. ROOP AVTAR KAUR 12-02-2024 Ref RTI No. - CICOM/R/T/23/00109 GROUNDS FOR FIRST APPEAL: The Appellant submitted first appeal stating that the CPIO refused access to information requested. DECISION OF FIRST APPELLATE AUTHORITY: The First Appeal, RTI application and reply given by CPIO of CIC have been perused. The opportunity of written submission, for the first appeal, provided to the appellant is found to be reasonable opportunity of hearing. The written submissions made by the appellant in his first appeal application are found to be sufficient for consideration by the FAA to arrive at a decision under the RTI Act, 2005. Accordingly, it was felt that the personal hearing as requested by appellant was not necessary. In the instant case, CPIO (Admin Section) is directed to revisit the RTI application and provide information as per available records, as per the provisions of the RTI Act, 2005 by 11.03.2024. The appeal is disposed of accordingly. NA
732 CICOM/A/E/24/00041 Ms. ROOP AVTAR KAUR 09-02-2024 Ref RTI No. - CICOM/R/E/24/00051 GROUNDS FOR FIRST APPEAL: The Appellant submitted first appeal stating that "Sir, Information required under the Act - 1. The applicant has submitted a second appeal before the Central Information Commission under Section 19(3) of the Right to Information Act 2005 on 15.12.2023, whose file number is CIC/EPFOG/A/2023/655172 and Diary Number is 655172. 2. When will the process of second appeal submitted by the applicant start and when will the hearing take place? 3. When will the Central Information Commission decide on the second appeal submitted by the applicant, tell a fixed date, when will the applicant be called in this regard, and in what period will the entire process be completed. 4. Progress in applicant second appeal after 02 month ." 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
733 CICOM/A/P/24/00017 Ms. ROOP AVTAR KAUR 07-02-2024 आर.टी.आई आवेदन, प्रदान की गई सूचना एवं प्रथम अपील आवेदन का अवलोकन करने पर पाया गया है कि केंद्रीय जन सूचना अधिकारी द्वारा दिनांक 04.12.2023 को सूचना प्रेषित की गई है एवं अपीलकर्ता द्वारा प्रथम अपील आवेदन दिनांक 07.02.2024 को प्रेषित किया गया है। सूचना का अधिकार अधिनियम, 2005 के तहत प्रथम अपील आवेदन सूचना प्राप्ति के 30 दिनों के भीतर ही दाखिल किया जाना अपेक्षित है। अपीलकर्ता द्वारा देर से प्रथम अपील दाखिल किये जाने का कोई कारण भी नहीं बताया गया है। अतः उक्त तथ्यों के आधार पर प्रथम अपील ख़ारिज की जाती है। NA
734 CICOM/A/E/24/00038 Ms. ROOP AVTAR KAUR 05-02-2024 Ref RTI No. - CICOM/R/E/23/01427 GROUNDS FOR FIRST APPEAL: The Appellant submitted first appeal stating that "Subject:- Application under Section 6(1) and 6(3) of Right to Information Act 2005 (Please Give information in Hindi Language) 1) How many numbers of EVM machine misuse complaints and How many Complaints resolved 2) How many numbers of EVM machine Battery problems and software problems and etc technical issue and How many Complaints resolved A) 2022 Utter pradesh Legislative Assembly election 10/2/2022 to 10/3/2022 B) 2022 Gujarat Legislative Assembly election 1/12/2022 to 8/12/2022 C) 2023 Madhya Pradesh Legislative Assembly election 17/11/2023 to 3/12/2023" DECISION OF FIRST APPELLATE AUTHORITY: The First Appeal, RTI application and reply given by CPIO of CIC have been perused. The RTI application stands transferred to the concerned public authority by the CPIO in CIC. The appellant may file the First Appeal with the concerned public authority. The appeal is disposed of accordingly. NA
735 CICOM/A/E/24/00039 Ms. ROOP AVTAR KAUR 05-02-2024 Ref RTI No. - CICOM/R/T/23/00112 GROUNDS FOR FIRST APPEAL: The Appellant submitted first appeal stating that "I am seeking the following specific information: 1.The date when the decision was made to include the Port & Excise Department on the RTI Portal. 2.The date when the integration process commenced. 3.Any official communication or documentation indicating the timeline for the integration of the Port & Excise Department onto the RTI Portal. 4.Any delays or extensions encountered during the integration process, along with reasons for such delays, if applicable. 5.The date when the Port & Excise Department became fully operational on the RTI Portal, allowing citizens to file RTI requests." 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
736 CICOM/A/E/24/00037 Ms. ROOP AVTAR KAUR 04-02-2024 Ref RTI No.- CICOM/R/E/23/01353 GROUNDS FOR FIRST APPEAL: The Appellant submitted first appeal stating that CPIO refused access to information requested. DECISION OF FIRST APPELLATE AUTHORITY: The First Appeal, RTI application and reply given by CPIO of CIC have been perused. In the instant case, CPIO (Admin Section) is directed to revisit the RTI application and provide information as per available records, as per the provisions of the RTI Act, 2005 by 06.03.2024. The appeal is disposed of accordingly. NA
737 CICOM/A/E/24/00035 Ms. ROOP AVTAR KAUR 03-02-2024 Ref RTI No. - CICOM/R/E/24/00072 GROUNDS FOR FIRST APPEAL: The Appellant submitted first appeal stating that "My diary number 653521 is not even displaying under "pending cases report" at CIC portal which was filed/accepted on 01.12.2023. Applicant request needs to be taken urgently owing to ongoing court cases and biased behavior of Principal Judge. The evidence is crucial to prove our innocence before court. Applicant is requesting to kindly look into the matter and do the needful in the interest of justice and equity." 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
738 CICOM/A/E/24/00036 Ms. ROOP AVTAR KAUR 03-02-2024 Ref RTI No. - CICOM/R/E/24/00021 GROUNDS FOR FIRST APPEAL: The Appellant submitted first appeal stating that "The CPIO had not attested the copy as certified copy the CPIO had not provided the police investigation report attached with th4e written statement dated 25-12-2020 Please direct the CPIO to provide the certified copy (duly attested by CIC) along with copy of the Police Investigation report attached with the statment. Both the copies should be attached by the CIC oifficials as i propose to file this with Delhi High Court." DECISION OF FIRST APPELLATE AUTHORITY: The First Appeal, RTI application and reply given by CPIO of CIC have been perused. CPIO(DR to IC-AR) is directed to provide certified copy as desired by the applicant as per the provisions of the RTI Act, 2005, by 29.02.2024. The appeal is disposed of accordingly. NA
739 CICOM/A/E/24/00034 Ms. ROOP AVTAR KAUR 01-02-2024 Ref RTI No. - CICOM/R/E/24/00009 GROUNDS FOR FIRST APPEAL: The Appellant submitted first appeal stating that "I am aggrieved under sec 19(1) & 18 (1) (2) (3) of Right To Information Act 2005, since the information sought from CPIO of Central Information Commission, New Delhi under sec 2 (e) (f) (g) (h) (i) (j), 20 (1) (2) and sec 4(1)(a)(b)(c) (d) of RTI act, and section 65, 74, 75 and 76 of The Indian Evidence Act 1872, was true certified hard copy of the Written submission dated 27.12.2023 of CPIO/DD, SSS, MoSPI received by Central Information Commission, New Delhi vide regards to the decision on 04.01.2024 of Honorable CIC Sh. Heerala Samariya, as stated in decision in the matter of Second Appeal No. CIC/MOSPI/A/2022/666229. But the concerned CPIO of Central Information Commission, New Delhi till date has not provided true certified hard copy of the requested information. And, in the response to the RTI request, the concerned CPIO of Central Information Commission has uploaded uncertified copy of information on RTI portal, thereby gave misleading and incomplete information, malafidely denied and refused information in non-adherence of sec 2 (j) (ii) of Right To Information Act 2005 and para 2 of the DoPT in OM dated 06.10.2015 vide file no.10/1/2013-IR. As stated in the RTI application, true certified hard copy was sought for the submission to National Commission for Scheduled Tribes case vide file no. NCST/SER-976/MOJS/2/2023-SSW and Special Court u/s 14 of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 as the requested information pertains to obstruction, denial or violation of Constitutional Rights and Fundamental Rights of Sh. Ankit Demta and acts done in furtherance of offences under SC ST (POA) Act leading to violation and deprivation of right to life under Article 21 of constitution of Sh. Ankit Demta. Section 19(5) of RTI act states in any appeal proceedings, the onus to prove that a denial of a request was justified shall be on the CPIO or SPIO, as the case may be, who denied the request. Hence, in light of the above the kindly provide information requested within time as RTI is a fundamental right since In Peoples Union for Civil Liberties v. Union of India, the Supreme Court has observed that Right of information is a facet of the freedom of ‘speech and expression’ as contained in Article 19(1)(a) of the Constitution of India." 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
740 CICOM/A/P/24/00015 Ms. ROOP AVTAR KAUR 31-01-2024 Ref RTI No.- CICOM/R/P/23/00660 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