Central Information Commission
Mrr K Jain vs National Informatics Centre on 9 February, 2015
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26101592
File No. CIC/BS/A/2014/000498/6947
09 February 2015
Relevant Facts emerging from the Appeal:
Appellant : Mr. R. K. Jain
1512-B, Bhishm Pitamah Marg,
Wazir Nagar,
New Delhi - 110003
Respondent : CPIO (RTI) & Scientist "D"
National Informatics Centre
Department of Electronics & IT
RTI Division
A-Block, CGO Complex, Lodhi Road,
New Delhi-110003
FAA/Deputy Director (General)
National Informatics Centre
Department of Electronics & IT
RTI Division,
A-Block, CGO Complex, Lodhi Road,
New Delhi-110003
RTI application filed on : 25/11/2013
PIO replied on : 27/12/2013
First appeal filed on : 02/01/2014
First Appellate Authority order : 05/02/2014
Second Appeal dated : 24/02/2014
Information sought:-
The applicant has sought the following information:-
A. Provide the information as to the custody of data stored in SERVERs installed at Central Information Commission, New Delhi. If it is in custody of NIC, then please provide a copy of entire data stored in said SERVER relating to appeals/complaints and DAK filed, registered, heard and disposed in CIC with IP address for each entry. B. Provide item-wise details of programs/system developed or maintained by NIC for CIC from 2005 till date of providing information.
C. Provide number of person deputed by NIC at CIC premises for maintenance of website, computer system and for development of programs/modules. Provide name of each person and duration of his stay at CIC and monthly remuneration/contractual payment made to such persons specifically whether such payments are made by CIC or NIC. D. Provide inspection of all records, documents, note-sheets and files relating to information as referred to in point (A) to (C) above. Provide inspection of complete files(s) even if they Page 1 of 2 contain part of information. Please note that I will undertake inspection only if it is necessary in view of incorrect and incomplete information provided by you. E. Provide copies of all note sheets and correspondence pages of RTI file in which this application is dealt with.
Grounds for the Second Appeal:
The CPIO has not provided the desired information.
Relevant Facts emerging during Hearing:
The following were present Appellant: Mr. R K Jain Respondent: Mr. S Dutta CPIO & Mr. S N Sowpari The CPIO stated that all the information sought by the appellant in his RTI application dated 25/11/2013, as available on record, was provided vide letter dated 27/12/2013 other than information relating to data of CIC stored in the server hosted at NIC data Centre (query A). He further stated that since this information relates to the CIC and they will carry out the process as outlined under Section 11 of the RTI Act and provide the details, if permitted by the CIC. The appellant pointed out that it can be seen from the FAA's order dated 05/02/2014 that he has wrongly mentioned transferring query A to the CIC but has neither done so himself nor directed the CPIO for doing the needful. He further submitted that the FAA has mechanically stated that he agrees with the CPIO's reply given to the rest of the queries but has not dealt with the grounds cited in his 1st appeal thereby violating the principle of natural justice. He added that the complete information requested under query C clause 1, 3 & 4 has not been supplied. The CPIO stated that he will provide the information.
Decision notice:
As agreed by the CPIO he should provide the information as above to the appellant within 15 days from the date of receipt of this order.
The appellant has pointed out certain deficiencies in the order passed by the FAA and the process adopted by him while deciding his 1st appeal. In this connection we are of the view that the FAA should, as far as possible, give the appellant including a third party, if any, an opportunity of hearing specially if he so requests and pass a reasoned order on his appeal without forgetting that the essence of RTI Act is to provide complete, correct and timely information to the appellant.
The appeal is disposed of accordingly.
BASANT SETH Information Commissioner Authenticated true copy:
(R. L. Gupta) Dy. Registrar/Designated Officer Page 2 of 2