Central Information Commission
Nutan Thakur vs Prime Minister'S Office on 23 February, 2021
के ीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमाग, मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीय अपील सं या / Second Appeal No. CIC/PMOIN/A/2019/154597
CIC/PMOIN/A/2019/154610
CIC/PMOIN/A/2019/154577
CIC/PMOIN/A/2019/154591
CIC/PMOIN/A/2019/154617
CIC/PMOIN/A/2019/160080
CIC/PMOIN/A/2019/160079
Smt. Nutan Thakur ... अपीलकता/Appellant
VERSUS/बनाम
PIO ... ितवादीगण /Respondent
Prime Minister's Office
Date of Hearing : 18.02.2021
Date of Decision : 22.02.2021
Chief Information Commissioner : Shri Y. K. Sinha
Relevant facts emerging from appeal:
Since both the parties are same, the above mentioned cases are clubbed
together for hearing and disposal.
Case RTI Filed CPIO reply First appeal FAO 2 nd Appeal
No. on received on
154597 15.08.2019 - 16.09.2019 10.10.2019 14.11.2019
154610 15.08.2019 - 16.09.2019 10.10.2019 14.11.2019
154577 14.08.2019 11.10.2019 16.09.2019 10.10.2019 14.11.2019
154591 14.08.2019 - 16.09.2019 10.10.2019 14.11.2019
154617 14.08.2019 - 16.09.2019 10.10.2019 14.11.2019
160080 25.08.2019 - 06.10.2019 06.11.2019 12.12.2019
160079 25.08.2019 - 06.10.2019 05.11.2019 12.12.2019
Information soughtand background of the case:
(1) CIC/PMOIN/A/2019/154597 The Appellant filed an RTI application dated15.08.2019 seeking information relating to interview of Shri Narendra Modi in respect of Article 370 and 35A of the Constitution of India:-
1. Was this event an official program of the Prime Minister.
2. Was the interview officially prepared by Prime Minister Office (PMO).Page 1 of 8
3. If yes, kindly provide a copy of the documents in the official file related with the above interview, including the Notesheet and the correspondence with various offices.
4. If not an official program, is there any reference to this program in the PMO. In such case, is there any official file as regards this interview that was prepared or kept in PMO before or after the interview.
Queries quoted verbatim Having not received any information from the CPIO, the Appellant filed a First Appeal dated 16.09.2019. The FAA/Dy. Secretary vide order dated 10.10.2019 directed the CPIO, PMO to expedite furnishing the response within 25 working days from the date of issue of the order.
Feeling aggrieved over non compliance of the FAA's order, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging during the hearing:
In order to ensure social distancing and prevent the spread of the pandemic, COVID-19 hearings through video conference were scheduled after giving prior notice to both the parties.
Shri Deepak Kumar (Advocate) representing the Appellant participated in the hearing through video conference. He stated that although a reply has been received by the Appellant as on date, the same was not to her satisfaction and that there was a substantial delay in providing the information.
The Respondent was represented by Shri Praveen Kumar, US (RTI) and CPIO; Shri Arun Kumar (SO) RTI and CAPIO and Shri Alok Kumar Gupta, ASO through video conference. Shri Kumar while tendering their unconditional apology for the delay in providing the information submitted that there was no malafide intent in denying the same. He stated that the Appellant is in the habit of filing multiple RTI applications hence the documents pertaining to the instant matter may have been mixed up with other replies. However, at this stage a reply was provided to the Appellant vide letter dated 17.02.2021.
Decision Keeping in view the facts of the case and the submissions made by both the parties, the Commission is of the view that although there has been a delay in providing the available information, the same cannot be concluded to have been caused with a malafide intent or unreasonable cause. Moreover, vide her RTI application, the Appellant, in essence is seeking generic, vague and roving information without substantiating any larger public interest. Hence, no further intervention of the Commission is required in the matter. The CPIO is however, cautioned to exercise due care in future to ensure that information is furnished timely to the RTI applicant(s) as per provisions of the Act.
With the above observation, the instant Second Appeal stands disposed off accordingly.Page 2 of 8
(2) CIC/PMOIN/A/2019/154610 The Appellant filed an RTI application dated 15.08.2019 seeking following information relating to a news article in The Hindu regarding Shri Rahul Gandhi regarding early flood warning system in Wayanad District, dated 14/08/2019:-
1. Did any such letter ever reach the Prime Minister Office (PMO).
2. If yes, kindly provide a copy of the letter sent by Sri Rahul Gandhi.
3. What action has been taken by PMO on this letter.
4. kindly provide a copy of the documents in the official file related with the above letter, including the Notesheet and the correspondence with various offices.
5. If the letter has been transferred to some other office, has the PMO sought any report from the given office.
6. If yes, kindly provide a copy of the report sent to PMO by the given office.
Queries quoted verbatim Having not received information, the Appellant filed a First Appeal dated 16.09.2019. The FAA/Dy. Secretary vide order dated 10.10.2019 directed the CPIO, PMO to expedite furnishing the response within 25 working days from the date of issue of the order. In compliance with the FAA's order, the CPIO/Under Secretary vide letter dated 22.10.2019 informed the Appellant that his RTI application was transferred u/s 6 (3) of the RTI Act, 2005 to the M/o Home Affairs. Subsequently, the CPIO and Dy Secretary (DM-II) vide letter dated 28.11.2019 informed the Appellant that as the issues raised in the application pertain to different ministries, comments of M/o Agriculture, M/o Mines, Central Water Commission, Indian Meteorological Department, Niti Aayog, National Disaster Management Division (NDMA) and M/o Environment, Forest and Climate Change have been sought.
Feeling aggrieved over non receipt of the information, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging during the hearing:
In order to ensure social distancing and prevent the spread of the pandemic, COVID-19 hearings through video conference were scheduled after giving prior notice to both the parties.
Shri Deepak Kumar (Advocate) representing the Appellant participated in the hearing through video conference. He stated that no satisfactory information has been received by the Appellant as on date.
The Respondent was represented by Shri Praveen Kumar, US (RTI) and CPIO; Shri Arun Kumar (SO) RTI and CAPIO and Shri Alok Kumar Gupta, ASO through video conference. Shri Kumar stated that in compliance with the order of the FAA, they had forwarded the matter to the M/o Home Affairs (MHA) since the Page 3 of 8 information sought was not available with them. Thereafter, the MHA vide letter dated 28.11.2019 provided a reply to the Appellant.
Decision:
Keeping in view the facts of the case and the submissions made by both the parties, the Commission observes that as per the provisions of the RTI Act, 2005 only such information that is held and available with a public authority can be provided. Hence, an appropriate response has been provided to the Appellant by the Respondent, PMO and subsequently by MHA. Therefore, no further intervention of the Commission is required in the instant matter.
With the above observation, the instant Second Appeal stands disposed off accordingly.
(3) CIC/PMOIN/A/2019/154577 (4) CIC/PMOIN/A/2019/154591 (5) CIC/PMOIN/A/2019/154617 Since the RTI applications in all the above mentioned second Appeal essentially pertain to the same issue, they are clubbed together for hearing and disposal CIC/PMOIN/A/2019/154577 The Appellant filed an RTI application dated 15.08.2019 seeking information about the Man vs Wild episode shot with Shri Narendra Modi, Hon'ble Prime Minister at Jim Corbett National Park in Uttarakhand:-
1. When was the episode/program shot, as per the official records.
2. Was it an official or personal program, as per the official records.
3. Was any tour program sent to the concerned authorities and the State Government etc as regards this tour/program. If yes, kindly provide a copy of the tour program.
4. Who accompanied Sri Modi during this tour, as per the official records.
5. Were SPG security personnel there with Sri Modi during this shooting/episode.
6. If SPG personnel were not there, was any permission given by the concerned authorities in this regards.
7. Kindly provide a copy of the related documents (Notesheet and correspondence) of the concerned file of MHA as regards this tour.
Queries quoted verbatim The CPIO/Under Secretary vide letter dated 11.10.2019 replied as under:-
Page 4 of 8Having not received information with respect to RTI application, the Appellant filed a First Appeal dated 16.09.2019. The FAA/Dy. Secretary vide order dated 10.10.2019 directed the CPIO, PMO to expedite furnishing the response within 25 working days from the date of issue of the order.
Feeling aggrieved over non compliance of the FAA's order, the Appellant approached the Commission with the instant Second Appeal.
CIC/PMOIN/A/2019/154591 The Appellant filed an RTI application dated14.08.2019 seeking information about the Man vs Wild episode shot with Shri Narendra Modi, Hon'ble Prime Minister at Jim Corbett National Park in Uttarakhand:-
1. Kindly provide a copy of the related documents (Notesheet and correspondence) of the concerned file of Prime Minister Office as regards this tour.
2. Kindly provide copy of the various communications made by PMO in this regards.
Having not received information from the CPIO, the Appellant filed a First Appeal dated 16.09.2019. The FAA/Dy. Secretary vide order dated 10.10.2019 directed the CPIO, PMO to expedite furnishing the response within 25 working days from the date of issue of the order.
Feeling aggrieved over non compliance of the FAA's order, the Appellant approached the Commission with the instant Second Appeal. Subsequently, the CPIO and US, PMO vide reply dated 08.02.2021 informed the Appellant that PM Shri Narendra Modi met Bear Grylls on 14.02.2019 at the Jim Corbett National Park. The reason for this meeting which is also available in the public domain was to create a TV program to showcase India's rich wildlife and stress on importance of environment conservation.
CIC/PMOIN/A/2019/154617 The Appellant filed an RTI application dated 14.08.2019 seeking information about the Man vs Wild episode shot with Shri Narendra Modi, Hon'ble Prime Minister at Jim Corbett National Park in Uttarakhand:-
Page 5 of 81. When was the episode/program shot, as per the official records.
2. Was it an official or personal program, as per the official records.
3. Was any tour program sent as regards this tour/program. If yes, kindly provide a copy of the tour program.
4. Who accompanied Sri Modi during this tour, as per the official records.
5. Were SPG security personnel there with Sri Modi during this shooting/episode.
6. If SPG personnel were not there, was any permission given by the concerned authorities in this regards.
Queries quoted verbatim Having not received the information, the Appellant filed a First Appeal dated 16.09.2019. The FAA/Dy. Secretary vide order dated 10.10.2019 directed the CPIO, PMO to expedite furnishing the response within 25 working days from the date of issue of the order.
Feeling aggrieved over non compliance of the FAA's order, the Appellant approached the Commission with the instant Second Appeal. Subsequently, the CPIO and US, PMO vide reply dated 08.02.2021 informed the Appellant that PM Shri Narendra Modi met Bear Grylls on 14.02.2019 at the Jim Corbett National Park. The reason for this meeting which is also available in the public domain was to create a TV program to showcase India's rich wildlife and stress on importance of environment conservation.
Facts emerging during the hearing In order to ensure social distancing and prevent the spread of the pandemic, COVID-19 hearings through video conference were scheduled after giving prior notice to both the parties.
Shri Deepak Kumar (Advocate) representing the Appellant participated in the hearing through video conference. He stated that no satisfactory information has been received by the Appellant as on date and that since the Man vs Wild episode shot by PM Shri Narendra Modi was a widely publicized TV program, all information including the note sheets/ file notings pertaining to participation of Hon'ble PM should be disclosed to the Appellant.
The Respondent was represented by Shri Praveen Kumar, US (RTI) and CPIO; Shri Arun Kumar (SO) RTI and CAPIO and Shri Alok Kumar Gupta, ASO through video conference. While tendering their unconditional apology for the delay in compliance of FAA order, Shri Kumar stated that available information was provided to the Appellant at this stage vide reply dated 08.02.2021.
Decision Keeping in view the facts of the case and the submissions made by both the parties, the Commission is of the view that although there has been a delay in providing the available information, the same cannot be concluded to have been caused with a malafide or unreasonable cause. Moreover, vide her RTI applications, the Appellant, in essence is seeking generic, vague and roving Page 6 of 8 information without substantiating any larger public interest. Hence, no further intervention of the Commission is required in the matter. The CPIO is however, cautioned to exercise due care in future to ensure that information is furnished in a timely manner to the RTI applicant(s) as per provisions of the Act.
With the above observations, the instant Second Appeals stand disposed off accordingly.
(6) CIC/PMOIN/A/2019/160080 (7) CIC/PMOIN/A/2019/160079 The Appellant filed RTI applications dated 25.08.2019 seeking information on following 04 points regarding profile of Prime Minister of India on website:-
1. As per official records of Prime Minister office (PMO), who wrote this pen- profile/words for the Prime Minister.
2. As per the records, what formed the basis for writing this profile.
3. As per official records of PMO, by whom was this profile of the Prime Minister finally approved.
4. Kindly provide the copy of the official file in the PMO, including Notesheet and correspondence with various offices, related with the above profile/words of the present Prime Minister.
Queries quoted verbatim Having not received information as under RTI application, the Appellant filed a First Appeal dated 16.09.2019. The FAA/Dy. Secretary vide orders dated 05.11.2019 & 06.11.2019 directed the CPIO, PMO to expedite furnishing the response within 25 working days from the date of issue of the order.
Feeling aggrieved over non compliance of the FAA's order, the Appellant approached the Commission with the instant Second Appeal. Subsequently, in compliance with the FAAs order, the CPIO and US, PMO vide letter dated 13.01.2020 provided a consolidated response to the Appellant.
Facts emerging during the hearing In order to ensure social distancing and prevent the spread of the pandemic, COVID-19 hearings through video conference were scheduled after giving prior notice to both the parties.
Shri Deepak Kumar (Advocate) representing the Appellant participated in the hearing through video conference. He stated that no satisfactory information has been received by the Appellant and that the issues raised in the RTI application were in the larger public interest.
The Respondent was represented by Shri Praveen Kumar, US (RTI) and CPIO; Shri Arun Kumar (SO) RTI and CAPIO and Shri Alok Kumar Gupta, ASO through video conference. Shri Kumar stated that in compliance with the FAA's order, available information was provided to the Appellant vide reply dated 13.01.2020. He further stated that the Appellant was in the habit of filing multiple RTI applications on Page 7 of 8 similar issues resulting in disproportionate diversion of their resources which is established by the fact that in the instant matter itself 2 identical RTI applications have been filed. In this context, the Respondent referred to a similar matter decided by the Commission in CIC/PMOIN/A/2018/138060; CIC/PMOIN/A/2018/138061; CIC/PMOIN/A/2018/138063 decided on 29.11.2019 wherein similar issues were raised by the Appellant.
Decision:
Keeping in view the facts of the case and the submissions made by both the parties, the Commission is of the view that an appropriate response as per the provisions of the RTI Act, 2005 is provided by the Respondent. Hence, no further intervention of the Commission is required in the matter. Moreover, the Commission advises the Appellant to refrain from filing multiple RTI applications on similar issues which results in disproportionate diversion of resources of the public authority as also multiplicity of repetitive second appeals before the Commission increasing pendency unnecessarily. The Commission also notes that the Appellant had also filed a similar second appeal seeking identical information about the Hon'ble President of India from the President's Secretariat which was heard and decided by the Commission vide CIC/PRSEC/A/2019/160081 decided on 12.02.2021.
With the above observations, the instant Second Appeals stand disposed off accordingly.
Y. K. Sinha ( वाई. के . िस हा) Chief Information Commissioner (मु य सूचना आयु ) Authenticated true copy (अिभ मािणत स ािपत ित) S. K. Chitkara (एस. के . िचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 8 of 8