Central Information Commission
Kamal Kumar vs Ut Of Andaman & Nicobar on 1 August, 2025
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No: CIC/UTOAN/C/2024/121785
CIC/UTOAN/A/2024/129456
Kamal Kumar ....िशकायतकता /Complainant
.....अपीलकता/Appellant
VERSUS
बनाम
The CPIO
DIRECTORATE OF SOCIAL WELFARE,
ANDAMAN AND NICOBAR
ADMINISTRATION, PORT BLAIR - 744101 .... ितवादीगण /Respondent
Date of Hearing : 25.07.2025
Date of Decision : 31.07.2025
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
The above matters are being disposed of through this common order as both
Complaint and Second Appeal arise from the same RTI application dated
23.04.2024.
Relevant facts emerging from complaint/appeal:
RTI application filed on : 23.04.2024
CPIO replied on : Not on record
First appeal filed on : 27.05.2024
First Appellate Authority's order : 20.11.2024
2nd Appeal/Complaint dated : 08.07.2024
Information sought:
Page 1 of 81. The Complainant filed an (offline) RTI application dated 23.04.2024 seeking the following information:
"1) Provide probono publica information with respect to report along with entire documentary evidence on the basis of which destitute woman allowance sanctioned in favour of D. Lavanya Sundari D/o Late V Elanganni Jesu Dasan R/o Vijay Bagh Street, Behind Meena Sea Shell, Junglighat, PIN-744103 along with dairy no., File Number, date, when marked to different officials with name, no. of days of pendency with different officials with name, action taken report in each stages with concerned officials sine qua non required stare decisis for ad litem.
2) Provide probono publica information since when destitute woman allowance sanctioned or other benefit sanctioned in favour of D. Lavanya Sundari D/o Late V. Elanganni Jesu Dasan R/o Vijay Bagh Street, Behind Meena Sea Shell, Junglighat sine qua non required stare decisis for ad litem.
3) Provide probono publica information regarding total amount sanctioned monthly under destitute woman allowance in favour of D. Lavanya Sundari D/o Late V. Elanganni Jesu Dasan R/o Vijay Bagh Street, Behind Meena Sea Shell, Junglighat sine qua non required stare decisis for ad litem.
4) Provide probono publica information with respect to list of persons who have been sanctioned destitute woman allowance in Port Blair tehsil and Ferrargung Tehsil with name, Father's name, husband's name, Occupation, Address, Date of issuance, age, gender, amount sanctioned per month, since when sanctioned, Islander, or non islander along with dairy no., File Number, date, when marked to different officials with name, no. of days of pendency with different officials with name, action taken report in each stages with concerned officials while sanctioned the allowance sine qua non required stare decisis for ad litem.
5) Provide probono publica information with respect to list of 600 nos. of beneficiaries out of 11803 nos. of beneficiaries from 01/01/2011 to 30 /08/2015 who have been irregularly sanctioned old age pension to the extent of Rs. 85.94 lakhs and who were not eligible for the grant of such pension inter alia with name, Father's name, husband's name, Occupation, Address, Date of issuance, age, gender, amount sanctioned, Islander, or non islander along with dairy no., File Number, date, when marked to different officials with name, no. of days of pendency with different officials with name, action, taken report in each stages with concerned officials while sanctioned the allowance sine qua non required stare decisis for ad litem.Page 2 of 8
5) Provide probono publica information with respect to list of persons who have been sanctioned old age pension in Port Blair tehsil and Ferrargung Tehsil with name, Father's name, husband's name, Occupation, Address, Date of issuance, age, gender, amount sanctioned per month, since when sanctioned, Islander, or non islander along with dairy no.. File Number, date, when marked to different officials with name, no. of days of pendency with different officials with name, action taken report in each stages with concerned officials while sanctioned the allowance sine qua non required stare decisis for ad litem.
6) Provide probono publica information with respect to list of persons who have been sanctioned old age pension in Port Blair tehsil and Ferrargung Tehsil with name, Father's name, husband's name, Occupation, Address, Date of issuance, age, gender, amount sanctioned per month, since when sanctioned, Islander, or non islander along with dairy no., File Number, date, when marked to different officials with name, no. of days of pendency with different officials with name, action taken report in each stages with concerned officials while sanctioned the allowance sine qua non required stare decisis for ad litem.
7) Provide probono publica all the certified copy of the documents along with reply of the Public Information Officers of Social Welfare Department and documents /order of the First Appellate Authority of Social Welfare Department provided to D. Lavanya Sundari R/o Vijay Bagh Street, Behind Meena Sea Shell, Junglighat as sought by her under 'Right to Information, Act, 2005 since the year 2005, 2006 sine qua non required stare decisis for ad litem.
8) Provide probono publica the details of total numbers of schemes implemented by the Social Welfare Department in these groups of islands along with guidelines and also the details of benefit extended to D. Lavanya Sundari D/o Late V. Elanganni Jesu Dasan R/o Vijay Bagh Street, Behind Meena Sea Shell, Junglighat in how many schemes along with dairy no., File Number, date, amount sanctioned per month, since when sanctioned, when marked to different officials with name, no. of days of pendency with different officials with name, action taken report in each stages with concerned officials while sanctioned the allowance sine qua non required stare decisis for ad litem.
9) Provide the dairy no., date, when marked to different officials with name, no. of days of pendency with different officials with name, action taken report in each stages with concerned officials, still pending or disposed with respect to my complaint dated 23/04/2024 addressed to the Director Social Welfare regarding cancellation of benefit extended to D. Lavanya Sundari D/o Late V. Elanganni Jesu Dasan R/o Vijay Bagh Street, Behind Meena Sea Shell, Junglighat.Page 3 of 8
10) Provide probono publica details or certified copy of number of time cost imposed upon the Public Information Officer of Social Welfare Department or information provided free cy pres with order number, date, name of the party, amount of fine imposed or information provided free, name of the Official upon which fine imposed, name of order issuing authority sine qua non required stare decisis for ad litem.
11) Provide probono publica only the details and certified copy of application filed under Right of Information Act by D. Lavanya Sundari with Dairy Number, File Number, dated, report generated thereafter when marked to different officials with name, no. of days of pendency with different officials with name, action taken report in each stages with concerned officials, still pending or disposed or rejected or reason of rejection or acceptance sine qua non required stare decesis for ad litem.
12) Provide probono publica only the details and certified copy of Right to Information application rejected or accepted by the Public Information Officer since the year 2005 with File Number, order number, date, name of the party concerned, with father's name, husband's name, Ocupation, Address, residence sine qua non required stare decesis for ad litem.
13) Provide probono publica only the details and certified copy of total numbers of applications received under Right to Information Act by the present Public Information Officer since his posting as Public Information Officer, Social Welfare Department sine qua non required stare decesis for ad litem.
14) Provide probono publica only the details and certified copy of Right to Information application rejected under section 8 and 11 of Right to information Act, 2005 by the Public Information Officer with reasons or no tsince the year 2005 with File Number, order number, date, name of the party concerned with father's name, husband's name, Occupation, Address, residence sine qua non required stare decesis for ad litem.
15) Provide probono publica only the details and certified copy of application filed under Right of Information Act by D. Lavanya Sundari and provided to her free of cost under BPL category details required with Dairy Number, File Number, dated, report generated thereafter when marked to different officials with name, no. of days of pendency with different officials with name, action taken report in each stages with concerned officials, still pending or disposed or rejected or reason of rejection or acceptance sine qua non required stare decesis for ad litem."
2. Having not received any response from CPIO, the appellant filed a First Appeal dated 27.05.2024. The FAA vide its order dated 20.11.2024, held as under .
Page 4 of 8"An application dated 26.06.2024 of Shri. Kamal Kumar, has been received therein stating that non information/documents have been made available to him within the stipulated time by PIO/AD(Admn) in favor of his application dated 23.04.2024. On verification of his application it is found that he has not submitted the sum of Rs.10/- towards the payment of RTI through IPO/cash to this Directorate and his application was returned to him on 30.05.2024, as per the Dispatch Register. No replies/communications received from the applicant and no IPO has been received thereafter. Hence his claim does not arise. The information asked therein pertains to third party (Smt. D. Lavanya Sundari, R/o Junglighat) under the RTI Act, personal information related to third parties cannot be disclosed without their consent. As such, the Department is unable to provide the requested information, as it involves a third-party's privacy.
After receiving an application from the applicant, the First Appellate Authority has given an opportunity for hearing in the first instance. The Appellant was called for hearing on 22.10.2024 at 10.30 a.m. and on 14.11.2024 at 10.00 a.m. But he failed to attend both hearings without providing any valid justification for his non-compliance with the hearing.
The appeal is accordingly disposed off."
3. Feeling aggrieved and dissatisfied, complainant approached the Commission with the instant Complaint.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant/Complainant: Present through video conference. Respondent: Ms. Premlatha, Assistant Director/PIO, appeared through video conference.
4. Proof of having served a copy of Second Appeals on respondent while filing the same in CIC are available on record.
5. The Complainant/Appellant inter alia submitted that information sought was not provided by the Respondent Authorities till the date of hearing.
Page 5 of 86. The Respondent while defending their case inter alia submitted that they had already filed a detailed written submission dated 22.11.2024 disclosing complete facts of the case, copy of the same is also marked to the Complainant/Appellant and requested the Commission to place the same on record. The relevant paras of the written submission are reproduced as under:
This is in reference to the complaint filed by Shri Kamal Kumar, resident of 7/2, Vijay, Bagh Street, Junglighat, dated 01.07.2024 and 21.10.2024, concerning his Right to Information (RTI) application about the Destitute Woman Allowance sanctioned to Smt. D. Lavanya Sundari. Upon reviewing the situation, we respectfully submit the following facts and request approval to communicate the outlined position to Shri Kamal Kumar as well as inform the Chief Information Commissioner accordingly:
1. Application Review: Shri Kamal Kumar's application dated 23.04.2024 and it was informed to us that an IPO No. 27F204121 dated 23.04.2024, R.D. No. 29 was also submitted for the prescribed fee of Rs. 10/-. However, upon verification by the Cash Section, it was confirmed that the fee had not been actually submitted. In light of this, his application was returned to him on 30.05.2024, as per the Dispatch Register. Shri Kamal Kumar (Applicant) has not replied or submitted the sum of IPO/Cash to this Directorate, hence the claim does not arise.
2. Appeal to the First Appellate Authority: Following the return of his application, Shri Kamal Kumar filed an appeal with the First Appellate Authority (Director, Social Welfare) on 26.06.2024 (R.D. No. 36 dated 27.06.2024). This appeal raised objections under the provisions of the RTI Act. Despite repeated attempts to contact Shri Kamal Kumar via phone calls, he did not respond or comply with any further requests for clarifications or documentation. However, the First Appellate Authority has given an opportunity for hearing in the first instance.
3. Hearing Notices and Non-Attendance: The First Appellate Authority, after reviewing the matter, issued two separate notices to Shri Kamal Kumar for hearings-one on 22.10.2024 and another on 14.11.2024. These notices were duly received by him (as per dispatch records), but he failed to attend both hearings without providing any valid justification for his non-compliance. In this regard, an order of First Appellate Authority Under RTI Act, 2005 vide this office Letter No. 16-126/RTI/DSW/2023/Vol-II/51 dated 20.11.2024 (Copy enclosed).
4. Third Party information: The information asked therein pertains to third party Page 6 of 8 (Smt. D. Lavanya Sundari, R/o Junglighat) under the RTI Act, personal information related to third parties cannot be disclosed without their consent. As such, the Department is unable to provide the requested information, as it involves a third-party's privacy.
5. Further Complaints to the Chief Information Commissioner: In lieu of attending the hearings, Shri Kamal Kumar sent complaints to your office on 01.07.2024 and 21.10.2024, detailing his grievance. Copies of these letters are enclosed for your reference.
6. Shri Kamal Kumar's Employment: It was later discovered that Shri Kamal Kumar is a government employee, working in the capacity of Patwari in the Legal Section of the D. C's Office, Andaman & Nicobar Islands, which further compounded the irregularity in the submission process.
In light of the above facts, we have adhered to the prescribed procedure under the RTI Act and have made reasonable efforts to resolve this matter in accordance with the rules. Given Shri Kamal Kumar's failure to attend the hearings or provide any substantive response to our communication. Also, this is to inform that the above-said appellant has submitted false acquisition against the first Appellate and PIO of Directorate of Social Welfare, Goal Ghar, Sri Vijaya Puram. This letter is for your reference and kind information please."
Decision
7. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records, noted that the Appellant/Complainant sought detailed information pertaining to sanction of welfare allowances, old age pensions, RTI records and departmental schemes, many of which relate to third-party individuals, specifically one Smt. D. Lavanya Sundari. The Respondent submitted that the RTI application dated 23.04.2024 was returned by the CPIO due to non-payment of the requisite RTI fee of Rs. 10/-. The FAA, in its order dated 20.11.2024, confirmed the same, stating that the application was returned on 30.05.2024 as per the dispatch register, and no further payment or communication was received thereafter from the applicant. Furthermore, it is also a matter of record that the FAA provided two Page 7 of 8 opportunities for personal hearing on 22.10.2024 and 14.11.2024, both of which were not availed by the Appellant. No justification was provided for his absence.
8. The Commission also notes that substantial portions of the information sought relate to third parties and their personal details. Disclosure of such information without consent is exempt under Section 8(1)(j) of the RTI Act, 2005. In view of the above, the Commission finds no mala fide or violation of the RTI Act, 2005 by the Respondent. The Appellant has not pursued the matter diligently by not complying with procedural requirements or attending hearings. In view of the above, the Commission finds no merit in the Complaint and the Appeal filed by the Appellant. Therefore, no further action is warranted in the matter.
The Appeal/Complaint is dismissed accordingly.
Vinod Kumar Tiwari (िवनोद कुमार ितवारी) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स"ािपत ित) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:
The FAA DIRECTORATE OF SOCIAL WELFARE, ANDAMAN AND NICOBAR ADMINISTRATION, PORT BLAIR - 744101 Page 8 of 8 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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