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Central Information Commission

Anuradha Roy vs Indian Air Force on 24 September, 2018

                                के ीय सूचना आयोग
                          Central Information Commission
                                बाबा गंगनाथ माग, मुिनरका
                           Baba Gangnath Marg, Munirka
                             नई द ली, New Delhi - 110067


File No : CIC/AB/A/2016/001220/SD/Adjunct

Anuradha Roy                                            ....अपीलकता/Appellant
                                      VERSUS
                                       बनाम

CPIO,
Air Headquarters,
Vayu Bhawan, Rafi Marg,
New Delhi - 110106.                                ... ितवादीगण /Respondents

                          ADJUNCT DECISION

RTI application filed on          :    25/02/2016
CPIO replied on                   :    04/04/2016 (Not enclosed)
First appeal filed on             :    28/04/2016
First Appellate Authority order   :    31/05/2016
Second Appeal dated               :    22/06/2016
Date of Decision                  :    08/06/2017
Date of Adjunct Decision          :    20/09/2018

Information sought

:

The Appellant sought information through 6 points regarding the 7.11 acres of land allotted on Usual Terms and Conditions by West Bengal Housing and Infrastructure Development Corporation (WBHIDCO) to Air Force Naval Housing Board (AFNHB).

Grounds for the Second Appeal:

The CPIO has not provided the desired information.

Relevant Facts emerging during Hearing on 08.06.2017:

The following were present:-

Appellant: Present through VC.

Respondent: Neeraj Ranjan, Dy. Dir. & CPIO and Wg Cdr M.S. Paranjpe, Jt. JAG, Air HQs, Vayu Bhawan, New Delhi present in person.

Appellant stated that even if AFNHB is not a Public Authority (PA), information can be accessed from AFNHB by the PA under the RTI Act and be provided to her.

CPIO submitted that he will abide by the order of the Commission.

Decision on 08.06.2017 At the outset it is adequately clarified that in the present matter, the Commission is not adjudicating upon the status of AFNHB vis-a-vis the RTI Act. In view of the facts of the present case, it is relevant to bring out the provisions of Section 2(j) and 2(f) of the RTI Act which clearly stipulates that:

Section 2(j)- "...."right to information" means the right to information accessible under this Act which is held by or under the control of any public authority and includes the right to--..........."

Section 2(f)- "...."information" means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force..."

When the said two Sections are read together it becomes essentially clear that the RTI Application of the Appellant has to be construed in the spirit of the aforementioned provisions of the Act. It is emphasised therefore that even if hypothetically the CPIO's claim of AFNHB not being a public authority is conceded with, fact remains that the Appellant has sought information from a public authority and not from AFHNB therefore the contention of the CPIO that AFNHB is not a public authority will not apply to the merits of this case.

In view of the aforesaid, CPIO is directed to provide information to the Appellant pertaining to the RTI Application which is available with him or which he can access from AFHNB. Commission's direction should be complied within 30 days of the receipt of this order.

The appeal is disposed of accordingly.

Proceedings of Adjunct Decision Commission scheduled a non-compliance hearing in the matter vide its notice dated 28.08.2018 based on Appellant's allegation of non-compliance of the order dated 08.06.2017 as CPIO failed to intimate if he sought to access the information from AFNHB or not.

Relevant Facts emerging during Hearing on 20.9.2018: The following were present:-

Appellant: Present through VC.

Respondent: WO A.K. Chhillar, Incharge DPS & Rep. of CPIO and Suman Meena, ASO, Directorate of Personal Services, Air Head Quarters, New Delhi present in person.

Appellant stated that CPIO has not adequately complied with the order of the Commission as he has merely informed that no documents pertaining to AFNHB are available at Air HQ which leaves the question open as to whether as per Section 2(f) of RTI Act, CPIO tried to access the information from AFNHB or not.

Rep. of CPIO submitted a detailed report containing all correspondences made with concerned Directorates/Offices i.e AFNHB, Directorate of Works (Dte of Wks) and Air Officer-in-Charge Administration Branch on the subject to respond to the allegation of the Appellant.

Appellant expressed dissatisfaction over the fact that this information was not sent to her.

Adjunct Decision Commission observes that the CPIO erred in misleading the Appellant into believing that no efforts were made to access the information from AFNHB in as much as his compliance letter to the Appellant dated 07.07.2017 provides information in cryptic terms as to the non-availability only and nothing regarding accessibility.

Commission directs the CPIO to send the complete information as per the order of 08.06.2017 which will include the copy of the correspondences made with concerned directorates and offices as well as clear intimation that the information sought in the RTI Application is neither available nor accessible. The said direction should be complied within 7 days from the date of receipt of this order and a compliance report of the same be duly sent to the Commission.

                                      Divya Prakash Sinha ( द    काश िस हा )
                                    Information Commissioner ( सूचना आयु )

Authenticated true copy
(अ भ मा णत स या पत        त)


Haro Prasad Sen
Dy. Registrar
011-26106140 / [email protected]
हरो साद सेन, उप-पंजीयक
 दनांक / Date




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