Central Information Commission
Kalyan Halder vs President Secretariat on 4 June, 2025
Author: Heeralal Samariya
Bench: Heeralal Samariya
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/PRSEC/A/2025/603590.
Shri. KALYAN HALDER. ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, ...प्रनतवािीगण /Respondent
President Secretariat.
Date of Hearing : 02.06.2025
Date of Decision : 02.06.2025
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 01.11.2024
PIO replied on : 26.11.2024
First Appeal filed on : 29.11.2024
First Appellate Order on : 09.01.2025
2 Appeal/complaint received on
nd : 22.01.2025
Information soughtand background of the case:
The Appellant filed an RTI application dated 01.11.2024 seeking information on following points:-
"I Kalyan Halder filing RTI application to you under section 4 1 b of RTI act 2005 and this section states that Section 4 1 b Public Authority shall publish the following information within 120 days from the enactment of this Act i The particulars of its organisation, functions and duties ii The powers and duties of its officers and employees iii The procedure followed in the decision making process, including channels ofsupervision and accountability iv The norms set by it for the discharge of its functions v The rules, regulations, instructions, manuals and records, held by it or under its control or used by its employees for discharging its functions vi A statement of the categories of documents that are held by it or under its control. So, the RTI applicant is filing RTI application to the president secretariat under section4 1 b of RTI act 2005 and want to know under this section the powers and duties of the president secretariat and the procedure followed by the president secretariat in the decision making process, including channels of supervision and accountability and want to know the function of this office in providing secretarial assistance to the president of india in discharging constitutional responsibilities under article 19 of the Constitution of India and is guided by the provisions of the National Police Commission Act. The Commission consists of a Chairman and Page 1 other members who are appointed by the President of India and national police service commission appointed by the president of india has various roles and functions which is as follows1 Discipline of police officers The NPSC exercises disciplinary control over all police officers by receiving and investigating allegations of police misconduct. It initiates disciplinary proceedings against such officers and evaluates their defense.2 Removing police officers from office: The NPSC recommends to the National Assembly the removal of senior police officers from office on grounds of serious violation of the Constitution or any other law, Incompetence or on grounds of gross misconduct. Setting up of national police commission is necessary as there is an increase in the number of false cases given to innocent people in west Bengal by the state government of west Bengal mamata banerjee and its state police authorities. The statements of the complainants namely Susmita das @ buli das, Champa dutta, Khokhon debnath son of haran Chandra debnath and witnesses sima das wife of mintu das, lakhi bhowal, rani mukherjee Wife Of late sadhan mukherjee, binu debnath wife of khokhon debnath, goutam das son of late gouranga das are recorded only by the assistant sub inspector of noapara police station and no facts are recorded by the investigating officer of noapara police station about the allegations raised against kalyan halder and anita halder about throwing garbages and waste extracts at the road of my locality and the premises of the complainants. Rest details attaching below in PDF."
The CPIO, Deputy Secretary vide letter dated 26.11.2024 replied as under:-
"The concerned Section of President's Secretariat has given the information on the above referred RTI application as under:
The information is available on official website of President's Secretariat under RTI -proactive disclosure (i.e..https://www.rashtrapatibhavan.gov.in/rashtrapatisachivalaya RTI Proactive Disclosure (RTI) Organization and Function O&M Book Part 1 and O&M Book Part 2)"
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 29.11.2024. The FAA vide order dated 09.01.2025 stated as under :-
"Reference an online appeal No. A-27011/9693/06-RTI(AA) dated 29.11.2024 (PRSEC/A/E/24/00261) filed by Shri Kalyan Halder, Chunaripara Colony, C/o Shri Sanjib Das, Post Office-Ichapur Nawabgunj, District-North 24 Parganas, West Bengal-743144 (hereinafter called "appellant") against the reply of CPIO, President's Secretariat vide letter No.PRSEC/R/E/24/01236 dated 26.11.2024 on his online RTI application No. PRSEC/R/E/24/01236 dated 01.11.2024, under the Right to Information Act, 2005, under the Right to Information Act, 2005.
2. Aggrieved by the reply of the CPIO, President's Secretariat, the appellant has preferred this appeal before the First Appellate Authority (FAA).
3. The matter was considered by the undersigned in view of the above referred appeal of the appellant. It is informed that the information Page 2 provided by the CPIO, President's Secretariat vide letter No.PRSEC/R/E/24/01236 dated 26.11.2024 holds good. For rest of information, appellant is requested to approach the concerned public authority directly, in accordance with Honorable CIC order No. CIC/PRSEC/A/2019/657105 dated 07.04.2021. No further information rests with this Secretariat."
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
Appellant: Present over call Respondent: Shri Bharat Bhushan Deputy Secretary & CPIO The written submission of the CPIO were taken on record. Further, submissions were heard.
Decision:
Upon the perusal of the case records & submissions, the Commissions observes that an appropriate reply has been provided by the CPIO. No further action lies.
The Appeal stands disposed off.
Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अनिप्रमानणत सत्यानपत प्रनत) S. K. Chitkara (एस. के . नचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 3 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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