Central Information Commission
Satbir Singh (Advocate) vs Ministry Of Home Affairs on 16 February, 2024
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/MHOME/A/2022/667473
Shri SATBIR SINGH (ADVOCATE) ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, ...प्रनतवािीगण /Respondent
Ministry of Home Affairs
Date of Hearing : 16.02.2024
Date of Decision : 16.02.2024
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 15.06.2022
PIO replied on : 25.08.2022
First Appeal filed on : 06.08.2022
First Appellate Order on : 04.11.2022
2ndAppeal/complaint received on : 16.12.2022
Information soughtand background of the case:
The Appellant filed an RTI application dated 15.06.2022 seeking information on following points:-
"1. CERTIFIED COPY OF THE COMPLAINT (ONLY PAGE 01 TO 04 OF THE COMPLAINT AS ATTACHED)
2. ACTION TAKEN REPORT OF ABOVE COMPLAINT."
The CPIO/Dy. Secretary (FCRA), Ministry of Home Affairs, Foreigners Division, Delhi vide letter dated 25.08.2022 replied as under:-
"Information sought is in the form of query/seeking opinion, clarification and hence it does not constitute information as defined in section 2(f) of the RTI Act, 2005."
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 06.08.2022.
The CPIO/Dy. Secretary (FCRA),Monitoring Unit, Foreigners Division, Ministry of Home Affairs, Delhi vide letter dated 14.10.2022 replied as under:-
Page 1 of 3"..this is to inform that complaint dated 11.06.2022, received in this office is being examined and action will be taken as per the provisions of the foreign Contribution (Regulation)Act 2010."
As regard the First Appeal dated 06.08.2022, the FAA/Jt. Secretary, Foreigners-II, FCRA Wing, Foreigners Division vide order dated 04.11.2022 stated as under:-
".........The matter of RTI application is regarding complaint on FCRA matter which more closely relates to FCRA (MU) wing of this division. Accordingly, CPIO, FCRA wing is directed to re-examine the RTI Application and transfer the same to CPIO, MU Wing within next 7 days from receipt of this communication."
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Written submission dated has been received from the. Th relevant extract whereof is as under ;
"...Please refer to notice of hearing for Second Appeal File No.CIC/MHOME/A/2022/667473 dated 02.02.2024 scheduled on 16.02.2024. The appellant sought following information which was relating to the certified copy of the complaint, and action taken report of above complaint vide his RTI application dated 15/06/2022:-
Statium, India
(i). Certified copy of the complaint - email dated 12 June 2022 (11:07 AM) & 12 June 2022 (11:16 AM) (both copies of email attached)
(ii). Action taken report of above complaint.
2.It is stated that the CPIO/FCRA section replied to the said RTI application vide letter No.II/21022/RTI/23/2022-FCRA-II dated 25/08/2022 (Copy attached).
3. Further, the CPIO MU section had also replied to the RTI application vide letter No.II/21022/58(347)/2022-FCRA (MU) dated 14/10/2022 (copy attached)
4. It is stated that on the first appeal of Shri Satbir Singh dated 06/08/2022, the FAA issued an order on 04/11/2022 with direction to re-examine the RTI application and transfer the same to the CPIO, MU. CPIO(FCRA) transferred said application vide letter dated 14/11/2022 (Copy enclosed). However, the action was already taken on an RTI application of same queries and reply given to the applicant by CPIO, MU on 14/10/2022. Thus, action has been taken on the RTI application by both the CPIOs in FCRA and MU Sections.
5.It is stated that the complaints raised against the NGOs are dealt by FCRA(MU) wing as per the provisions of FCRA, 2010 and rules/guidelines made thereunder. The complaints are processed after taking inputs from the field agency i.e., Central Security Agency. It is also submitted that the Central Security Agency is listed in the Second Schedule of the RTI Act, 2005 and, therefore, exempted from the provisions of RTI Act, 2005 in terms of Section 24 of the Act. Hence the contents of such investigations cannot be disclosed as per Section 24 of the RTI Act, 2005.
Page 2 of 36. It is submitted that the RTI Act, 2005 is not the right forum to settle grievances or complaints. There are other forums available for handling of grievances and complaints.
7. It is also submitted that appellant has asked action taken report which involves compilation and creation of information. It is well established that CPIO is not required to create or compile the information.
8. In view of above, humble submission is that the subject appeal may be dismissed.
9. This is issued with the approval of the competent authority Yours faithfully.."
Facts emerging in Course of Hearing:
Appellant: Present through video conferencing Respondent: Jeetendar Chadha, Director, MHA, FD and B.C. Joshi, JS(FII) The Appellant stated that the relevant information has not been furnished to him till date. He requested to direct the PIO to furnish the information as sought.
The Respondent stated that the relevant information has been duly furnished to the Appellant from their official record. He stated that the complaints raised against the NGOs are dealt by FCRA(MU) wing as per the provisions of FCRA, 2010 and rules/guidelines made thereunder. He further submitted that it has already been replied by the Monitoring Unit that the complaint dated 11.06.2022, is under examination and action taken will be as per the provisions of the foreign Contribution (Regulation)Act 2010.
Decision:
Upon perusal of records and examining the facts of the case at hand, it is noted that the Appellant's queries had been appropriately answered by the relevant custodian of information vide letter dated 14.10.2022. The reply is self- explanatory and information as permissible under the provisions of the RTI Act has been duly supplied to the Appellant. In the given circumstances, no further intervention of the Commission is warranted in this case under the RTI Act Appeal is disposed of accordingly.
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 of 3