Central Information Commission
Mr.Shiv Shankar Tiwari vs Ut Of Pondicherry on 2 September, 2013
Central Information Commission
Room No. 305, 2nd Floor, 'B' Wing, August Kranti Bhavan,
Bhikaji Cama Place, New Delhi110066
Web: www.cic.gov.in Tel No: 26167931
Case No. CIC/SS/A/2012/000718 &
CIC/SS/A/2012/001755
Dated: 02.09.2013
Name of Appellant : Shri Shiv Shankar Tiwari
Name of Respondent : Law Department, Puducherry
Date of Hearing : 07.08.2013
ORDER
Shri Shiv Shankar Tiwari, the appellant has filed two identical appeals dated 19.12.2011 and 2.2.2012 before the Commission against the respondent Law Department, Puducherry for not providing satisfactory information in response to his RTI application dated 26.5.2011. The matter came up for hearing on 07.08.2013 at Puducherry. The appellant requested hearing through audio but could not be contacted on his mobile number whereas the respondents were represented by Shri R. Elangovan, Under Secretary and Shri N. Muruguvel, Law Officer.
2. The appellant filed two RTI applications each dated 26.5.2011 addressed to the Chief Secretary, Government of Puducherry, sought information on the following six queries in respect of various Acts, Rules, Orders of the Governments, Local Self Governments, Panchayati Raj, Institutions etc. where discriminatory provisions denying rights available to other citizens, exist more so, despite directions from GOI issued vide their letter No. T.1022/1/2004-CCD dated 14.10.2004: "(i) Names of the Acts/Rules/Orders etc. where discriminatory 2 Case No. CIC/SS/A/2012/000718 & CIC/SS/A/2012/001755 provisions exist, along with references of the selection, sub-section etc. thereof;
(ii) Contents of the discriminatory provisions; (iii) Actions taken to remove the discriminatory provisions; (iv) Impediments/reasons if any, in removing the discriminatory provisions; (v) Actions taken on the letter of the GOI referred in the opening para here above and if no action has been taken so far, reasons thereof; and (iv) Actions proposed to be taken and approximate time frame by which these provisions will be removed." The Under Secretary (Law), Law Department, Puducherry vide letter No. 1945/2011-ID dated 22.6.2011 informed the appellant that as per the RTI Act the respondent the Public Authority does not require to deduce some conclusion from the material and supply the conclusion so deduced to the appellant.
3. Aggrieved with the reply of the PIO, DHFWS the appellant filed first appeal on 26.7.2011 before the FAA. The FAA vide his order No. 2452/RTI/2011-ID dated 20.9.2011 reiterated with the reply of the PIO.
4. The appellant thereafter filed the present appeals before the Commission in which he states that satisfactory information has not been provided to him by the respondent.
5. During the hearing the PIO states that the appellant has sought clarification, opinion from the respondent public authority and the same is not required to be provided under the provisions of the Act.
6. Having heard the submissions of the respondent and perused the relevant documents on file, the Commission is of the view that in the garb of seeking information under the RTI Act, the appellant has sought for interpretation, clarifications and legal provisions. The RTI Act does not provide for giving reasons, clarifications, legal opinion or doing research. The Commission finds that the respondent has replied to the appellant adequately. No interference is called for on the part of the Commission.
3 Case No. CIC/SS/A/2012/000718 &CIC/SS/A/2012/001755 The matter is disposed of on the part of the Commission with the above observations.
(Sushma Singh) Information Commissioner Authenticated true copy:
(K.K. Sharma) OSD & Deputy Registrar Address of the parties:
Shri Shiv Shankar Tiwari, Satya Jeevan Kusth Ashram, Lajpat Nagar, New Delhi-110065.
The Under Secretary (Law)/PIO, Law Department, Government of Puducherry, Secretariat Puducherry-605001 The Deputy Secretary (Law) & FAA, Law Department, Government of Puducherry, Secretariat Puducherry-605001