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Sreenath K S vs Supreme Court Of India on 23 August, 2019

                                  के न्द्रीय सूचना आयोग
                        Central Information Commission
                             बाबा गंगनाथ मागग,मुननरका
                         Baba Gangnath Marg, Munirka
                           नई दिल्ली, New Delhi - 110067



नितीय अपील संख्या / Second Appeal No. CIC/MOLAJ/A/2018/123886/SCOFI


Sreenath K S                                                   ... अपीलकताग/Appellant


                                        VERSUS
                                         बनाम


CPIO, National Judicial Academy,                           ...प्रनतवािीगण /Respondents
Bhopal, Madhya Pradesh


Relevant dates emerging from the appeal:

RTI : 01.08.2017             FA      : 07.09.2017              SA    :16.04.2018

CPIO :26.08.2017             FAO :17.10.2017                   Hearing: 20.08.2019


                                      ORDER

1. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), National Judicial Academy (NJA), Bhopal, Madhya Pradesh seeking information on six points pertaining to publications of NJA including, inter-alia, (i) List of books published by NJA till date; (ii) List of Journals published by NJA; (iii) what is the total fee that the applicant is required to pay in order to get a copy of each of the books Page 1 of 4 published by National Judicial Academy ; (iv)Copy of each of the books published by National Judicial Academy; (v) total fee that the applicant is required to pay in order to get a copy of the book "Appreciation of Evidence in Criminal Cases"

(written by U.L Bhatt) published by National Judicial Academy; and (vi) copy of the book "Appreciation of Evidence in Criminal Cases" (written by U.L Bhatt) published by National Judicial Academy.

2. The appellant filed a second appeal before the Commission on the grounds that neither the CPIO nor the FAA furnished a proper response to the questions, except question no. 2, raised by the appellant in his RTI application. Further, the CPIO/FAA has not stated under which Section the information sought by the appellant has been exempted from disclosure under the RTI Act. The rejection of information sought by the Appellant is thereby killing the very essence of the RTI Act. The appellant, therefore, requested the Commission to direct the PIO to furnish information along with certified copies of the same within a reasonable time and to make appropriate recommendations to the authority concerned exercising powers under Section 25(5) of the RTI Act and to impose reasonable penalty exercising powers under Section 20 of the RTI Act upon the authorities concerned and to recommend disciplinary action against the authorities concerned.

Hearing:

3. The appellant was not present despite notice. The respondent Shri Prasidh Raj Singh, Faculty, CPIO, NJAC, Bhopal attended the hearing through video conferencing.

4. The respondent submitted that the NJA does not publish any books. Hence, no information can be furnished on point nos. 1, 3 and 4 of the RTI Act. As regards point no. 2 of the RTI application, the respondent submitted that the list of journals is available on the Academy's website. The respondent clarified that the book "Appreciation of Evidence in Criminal Cases" written by Justice U.L Bhatt is proprietary in nature and providing access to the same would involve an infringement of copyright subsisting with him, and hence, its disclosure is exempted under Section 9 of the RTI Act.

Decision:

5. The Commission, after hearing the submission of respondent and perusing the records, notes that correct and complete information has not been furnished by the CPIO vide his reply dated 26.08.2017. The Commission, therefore, directs the respondent to furnish an appropriate reply to the appellant's RTI application. The Commission further notes that as per the respondent, NJA does not publish any books. The Commission, therefore, directs the respondent to file an affidavit with the Commission deposing that NJA does not publish any books. A copy of the affidavit shall also be provided to the appellant. The above directions of the Commission shall be complied with, within a period of four weeks from the date of receipt of a copy of this order.

6. With the above observations, the appeal is disposed of.

7. Copy of the decision be provided free of cost to the parties.

Sd/-

Sudhir Bhargava (सुधीर भागगव) Chief Information Commissioner (मुख्य सूचना आयुक्त) दिनांक / Date 22.08.2019 Authenticated true copy (अनभप्रमानणत सत्यानपत प्रनत) S. S.Rohilla (एस. एस. रोनिल्ला) Dy. Registrar (उप-पंजीयक) 011-26186535/ [email protected] Addresses of the parties:

1. The First Appellate Authority, National judicial academy, Bhadbhada Road, Suraj Nagar, Bhopal, Madhya Pradesh-462044

2. The Central Public Information Officer, National judicial academy, Bhadbhada Road, Suraj Nagar, Bhopal, Madhya Pradesh-462044

3. Shri Sreenath K. S. Page 4 of 4