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SNo. Registration No Appellate Authority Name Received date Reply Appeal Reply Doc
851 CICOM/A/P/23/00184 Ms. ROOP AVTAR KAUR 20-11-2023 Ref RTI No.-CICOM/R/P/23/00549 GROUNDS FOR FIRST APPEAL: The Appellant vide letter dated 05.11.2023 has enquired about details of the public authority he required to approach. DECISION OF FIRST APPELLATE AUTHORITY: The First Appeal, RTI application and reply given by CPIO of CIC have been perused. 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. Hence, no intervention is required on behalf of the FAA in this matter. The appeal is disposed of accordingly. NA
852 CICOM/A/E/23/00405 Ms. ROOP AVTAR KAUR 17-11-2023 Ref RTI No. -CICOM/R/E/23/01231 GROUNDS FOR FIRST APPEAL: The Appellant submitted first appeal stating that "Permission has been granted by Learned CPIO to file this First Appeal before this Hon’ble Authority under RTI Act, 2005 against Order dated 15.11.2023 of Learned CPIO who had provided incomplete information to the Appellants. Learned CPIO utterly failed to supply required information against Order dated 15.11.2023 of Learned CPIO who utterly failed to provide any information to the Appellants where as the Learned CPIO has provided appropriate information in RTI Registration No. CICOM/R/E/23/001254. Therefore, this First Appellate Authority be graciously pleased to direct Learned CPIO to revisit this specific information against to provide specific informations to the Appellants shall remain aver grateful to this Hon’ble Appellate Authority." 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 (legal) is directed to revisit the RTI application and provide information as per available records, as per the provisions of the RTI Act, 2005 by 20.12.2023. The appeal is disposed of accordingly. NA
853 CICOM/A/E/23/00406 Ms. ROOP AVTAR KAUR 17-11-2023 Ref RTI No. - CICOM/R/E/23/01264 GROUNDS FOR FIRST APPEAL: The Appellant submitted first appeal stating that "Permission has been granted by Learned CPIO to file this First Appeal before this Hon’ble Authority under RTI Act, 2005 against Order dated 15.11.2023 of Learned CPIO who had provided incomplete information to the Appellants. Learned CPIO utterly failed to supply required information against Order dated 15.11.2023 of Learned CPIO who utterly failed to provide any information to the Appellants where as the Learned CPIO has provided appropriate information in RTI Registration No. CICOM/R/E/23/001254. Therefore, this First Appellate Authority be graciously pleased to direct Learned CPIO to revisit this specific information against to provide specific informations to the Appellants shall remain aver grateful to this Hon’ble Appellate Authority." 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
854 CICOM/A/E/23/00407 Ms. ROOP AVTAR KAUR 17-11-2023 Ref RTI No. - CICOM/R/E/23/01271 GROUNDS FOR FIRST APPEAL: The Appellant submitted first appeal stating that "Permission has been granted by Learned CPIO to file this First Appeal before this Hon’ble Authority under RTI Act, 2005 against Order dated 15.11.2023 of Learned CPIO who had provided incomplete information to the Appellants. Learned CPIO utterly failed to supply required information against Order dated 15.11.2023 of Learned CPIO who utterly failed to provide any information to the Appellants where as the Learned CPIO has provided appropriate information in RTI Registration No. CICOM/R/E/23/001254. Therefore, this First Appellate Authority be graciously pleased to direct Learned CPIO to revisit this specific information against to provide specific informations to the Appellants shall remain aver grateful to this Hon’ble Appellate Authority." 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
855 CICOM/A/E/23/00408 Ms. ROOP AVTAR KAUR 17-11-2023 Ref RTI No. - CICOM/R/E/23/01273 GROUNDS FOR FIRST APPEAL: The Appellant submitted first appeal stating that "Permission has been granted by Learned CPIO to file this First Appeal before this Hon’ble Authority under RTI Act, 2005 against Order dated 15.11.2023 of Learned CPIO who had provided incomplete information to the Appellants. Learned CPIO utterly failed to supply required information against Order dated 15.11.2023 of Learned CPIO who utterly failed to provide any information to the Appellants where as the Learned CPIO has provided appropriate information in RTI Registration No. CICOM/R/E/23/001254. Therefore, this First Appellate Authority be graciously pleased to direct Learned CPIO to revisit this specific information against to provide specific informations to the Appellants shall remain aver grateful to this Hon’ble Appellate Authority." 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
856 CICOM/A/E/23/00404 Ms. ROOP AVTAR KAUR 17-11-2023 Ref RTI No. - CICOM/R/E/23/01254 GROUNDS FOR FIRST APPEAL: The Appellant submitted first appeal stating that "Permission has been granted by Learned CPIO to file this First Appeal before this Hon’ble Authority under RTI Act, 2005 against Order dated 15.11.2023 of Learned CPIO who had provided incomplete information to the Appellants. Learned CPIO utterly failed to supply required information against Sl. No. 2 & 3 which are as under: 2. Kindly provide information pertaining to issuance of notice to Public Authority Anil Kumar Mishra, General Manager, S.E. Railway, 11, Garden Reach Road, Kolkata for compliance of Para 27 of Judgment dated 17.08.2023 in W.P.C. No. 990 of 2021 of Hon’ble Supreme Court of India. 3. Kindly provide information pertaining to issuance of notice to Public Authority Mahendra Kumar Prasad, CPIO & CPO(Admn.), S.E. Railway, 11, Garden Reach Road, Kolkata for compliance of Para 27 of Judgment dated 17.08.2023 in W.P.C. No. 990 of 2021 of Hon’ble Supreme Court of India. Therefore, this First Appellate Authority be graciously pleased to direct Learned CPIO to revisit this specific information against Sl. No. 2 & 3 is aforesaid for which the Appellants shall remain aver grateful to Hon’ble Appellate Authority." 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
857 CICOM/A/E/23/00409 Ms. ROOP AVTAR KAUR 17-11-2023 Ref RTI No. -CICOM/R/E/23/00846 GROUNDS FOR FIRST APPEAL: The Appellant submitted first appeal stating that "I had filed an application under the RTI Act seeking the following information- (Start Quote) 1. Please provide information on whether the commission has undertaken any assessment/ audit of section 4 disclosures by public authorities under its jurisdiction since January 2018. Please provide a copy of the relevant record including any decision/ notification/ order/ guidelines etc. in this regard.2. Please provide an electronic copy of the latest report of assessment/ audit of section 4 disclosures of public authorities undertaken by the information commission. If the report is available online, please provide the exact web link. (End Quote) Vide the reply, the PIO stated- (Start Quote) Reply :- Madam , point wise available information is as under1.A committee consisting of former ICs conducted audit of section 4 disclosure of PAs in 2018. The report is available on the website of the CIC i.e. CIC.Gov.in under Resource Section.2.Next audit was done in the year 2022 and its report was sent in original to DoPT vide letter dated 31.10.2022. Further , recommendations were sent to respective PAs. Which can be obtained from them as the same can not be furnished u/s section 8 1(e) of the RTI act as the same is withheld in fiduciary capacity. Guidelines regarding transparency are contained in DoPT memo dated 1/6/2011-IR dated 07.11.2019 (End Quote) Further, the PIO also furnished a letter sent by the CIC to the DOPT dated 31.10.2022 which lists the 20 PAs for which Sample Transparency Audit was carried out and also notes that the report is enclosed. I have not been provided a copy of the report of the Transparency Audit. I was awaiting the furnishing of this report as it has not been denied by the PIO in the reply. However, the same has not been provided to me till date. As per my application under the RTI Act, I am seeking a copy of the report of assessment/ audit of section 4 disclosures of public authorities. Therefore, kindly direct the PIO to immediately furnish a copy of the Report of the Transparency Audit carried out in 2022." 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. The concerned Public Authority is the custodian of the information sought and the information can therefore be sought from the concerned Public Authority. 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
858 CICOM/A/E/23/00403 Ms. ROOP AVTAR KAUR 16-11-2023 Ref RTI No. - CICOM/R/E/23/01197 GROUNDS FOR FIRST APPEAL: The Appellant submitted first appeal stating that "The PIO has not provided the information requested by the applicant Hence the FAA is requested to provide the information sought by the applicant." 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
859 CICOM/A/E/23/00402 Ms. ROOP AVTAR KAUR 15-11-2023 Ref RTI No. - CICOM/R/E/23/01207 GROUNDS FOR FIRST APPEAL: The Appellant submitted first appeal stating that "SIR I HAVE REQUESTED TO PROVIDE THE DETAILS OF DECISION CIC/LS/A/2012/000910 AND IT HAS BEEN APPEALED BY THE POSTAL AUTHORITIES IN THE HONOURABLE HIGH COURT OF MADRAS. I WANT TO KNOW THE STATUS OF THE CASE. BUT IT WAS REPLIED THAT THE DECISION WAS AVAILABLE IN THE CIC WEBSITE. I ASKED THE DETAILS OF THE COUNSEL ARGUING IN FAVOUR OF THE CIC DECISION AS A PHYSICALLY CHALLENGED I HAVE BEEN SEVERELY AFFECTED BY THE POSTAL AUTHORITIES FOR MORE THAN 10 YEARS." 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
860 CICOM/A/P/23/00182 Ms. ROOP AVTAR KAUR 13-11-2023 Ref RTI No.-CICOM/R/P/23/00478 GROUNDS FOR FIRST APPEAL: The Appellant submitted first appeal stating that “I am to invite your kind attention towards the File No. CICOM/R/P/23/00478 my RTI application dated submitted to PIO CIC New Delhi has not mentioned, and to say that the requisite information provided by the PIO is misleading. You are requested to take action under RTI Act and provide the information please." 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