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[Cites 2, Cited by 0]

Central Information Commission

Shri. Tarun K Roy vs Central Information Commission on 22 March, 2012

                        CENTRAL INFORMATION COMMISSION
                            Club Building (Near Post Office)
                          Old JNU Campus, New Delhi - 110067
                                 Tel: +91-11-26161796

                                                      Decision No. CIC/SM/A/2011/001022/SG/17888
                                                              Appeal No. CIC/SM/A/2011/001022/SG

Relevant Facts emerging from the Appeal:

Appellant                            :     Mr. Tarun K. Roy,
                                           3/3A, Street No. 5, K-Block,
                                           Gangotri Vihar, Delhi-110053

Respondent                           :     Mr. S. S. Padmanabha

CPIO & Dy. Secretary Central Information Commission 2nd Floor, 'B' Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066 RTI application filed on : 18/12/2010 (Incomplete application on record) PIO replied on : 05/01/2011 First Appeal filed on : 06/02/2011 First Appellate Authority order of : 11/03/2011 Second Appeal received on : 17/03/2011 Based on the RTI application enclosed by the Appellant along with the Second Appeal, it appears that he is seeking information in relation to the Commission's decision in CIC/SG/A/2009/001841/4861Adjunct dated 09/10/2009.

S.No. Information sought Reply of Public Information Officer (PIO)

1.(a) Photocopy of the relevant documents on record No information available on containing a list of 50 RTI applications regarding record. Biodiversity Park with dates submitted by the applicant to the University of Delhi till 09/10/2009.

1.(b) Measurement tool of voluminous information and No information available on limitation of information under the RTI Act. record.

1.(c) Photocopy of the relevant documents/evidences on No information available on record supporting the RTI applications of the record. applicant that had the effect of nearly paralyzing the Biodiversity Parks Project.

1.(d) Photocopy of the documents on record containing the The Appellant was requested to complete list of legitimate information in response to visit the Commission on any the RTI application dated 15/04/2008 has been mutually agreed date and can adequately taken care of. obtain the information on record after paying the requisite fees.

1.(e) Reference of the provision of the RTI Act and No information available on photocopy of the rules of the RTI Act defining or record. interpreting- "The Right to Information is a Page 1 of 2 fundamental sacred right of the citizens".

1.(f) Photocopy of the relevant legal documents/evidences No information available on on record proved that the RTI applications of the record. Appellant were used as instruments of destruction of the organisations.

1.(g) The valid reasons for no action taken on the submitted No information available on inspection reports dated 08/10/2009 and 09/10/2009 record. by the Appellant to the Commission which were attached with the decision and further submission of a complied inspection report dated 09/09/2009 based on those two days' inspection reports (read as 09/10/2009) vide Commission's diary number 58463 dated 13/10/2009.

As regards queries 2.(a), (b) and (c), the PIO replied that no information was available on record.

Grounds for First Appeal:

The Appellant was dissatisfied with the information provided in relation to query 1.(d). Order of First Appellate Authority (FAA):
The FAA observed that in query 1.(d), the Appellant had requested for photocopy of documents on record containing complete list of legitimate information in response to the RTI application. As the Appellant was unclear about the list of legitimate information, the PIO requested him to visit the Commission/office on any mutually agreed date and take the information on record after paying the requisite fees.
The FAA further noted that the Appellant was not specific in identifying the documents required by him. Hence, the reply given by the PIO was in accordance with law.
Grounds for Second Appeal:
The Appellant was dissatisfied with the order of the FAA-as regards query 1.(d).
Relevant Facts emerging during Hearing:
The following were present:
Appellant : Absent;
Respondent: Mr. S. S. Padmanabha, CPIO & Dy. Secretary; Mr. Dhirendra Kumar, Dy. Registrar & Deemed PIO;
The PIO states that information had been provided to the Appellant as per the records. In most of the queries there is no record of the nature being sought by the Appellant.
Decision:
The Appeal is disposed.
Information available on the records appears to have been provided. This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties. Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi Information Commissioner 22 March 2012 (In any correspondence on this decision, mention the complete decision number.) (SU) Page 2 of 2