Central Information Commission
Varun Kumar Modi vs Delhi Fire Services on 21 November, 2024
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No : CIC/DLFSR/A/2024/102219
CIC/GNCTD/A/2024/102279
Varun Kumar Modi .....अपीलकता/Appellant
VERSUS
बनाम
PIO,
Delhi Fire Service HQ, New Barakhamba
Road, Connaught Lane, Barakhamba Road,
New Delhi - 110001 .... ितवादीगण /Respondent
Date of Hearing : 14.11.2024
Date of Decision : 21.11.2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
The above-mentioned second appeals are clubbed together as the Appellant is
common and subject-matter is similar in nature and hence are being disposed
of through a common order.
CIC/DLFSR/A/2024/102219
Relevant facts emerging from appeal:
RTI application filed on : 13.09.2023
CPIO replied on : 04.10.2023
First appeal filed on : 25.10.2023
First Appellate Authority's order : 20.11.2023
2nd Appeal/Complaint dated : 22.01.2024
Page 1 of 5
Information sought:
The Appellant filed an (online) RTI application dated 13.09.2023 seeking the following information:
"1. Please share certified copy of action taken report on best sky tower, Netaji subhash place, Pitampura, new delhi-110034 for non obtaining FIRE NOC for many years."
The CPIO furnished a reply to the Appellant on 04.10.2023 stating as under:
"All fire safety certificates along with inspection report and other Information having all details and shortcomings issued to the buildings covered under Rule 27 of Delhi Fire Service Act 2007 and Rules 2010, are available on the website of this department at www.dfs.delhigovt.nic.in, which can be downloaded at free of Charge."
Being dissatisfied, the appellant filed a First Appeal dated 25.10.2023. The FAA vide its order dated 20.11.2023, held as under.
"Applicant was asked to appear before the undersigned for the hearing of the appeal on dated 15.11.2023 at 11:00 A.M. But applicant did not appear on the scheduled date and time. Appeal heard in the presence of the PIO. On perusal of 1st appeal it was found that information provided by the PIO is correct and sufficient.
Hence, 1st appeal is disposed off without further directions."
CIC/GNCTD/A/2024/102279 Relevant facts emerging from appeal:
RTI application filed on : 13.09.2023 CPIO replied on : 05.10.2023 First appeal filed on : 25.10.2023
First Appellate Authority's order : 20.11.2023 2nd Appeal/Complaint dated : 23.01.2023 Page 2 of 5 Information sought:
The Appellant filed an (online) RTI application dated 13.09.2023 seeking the following information:
"Please share the certified copy of Fire NOC of building Best Business Park, Netaji Subhash Place, Pitampura, New Delhi 110034. Please share the action taken report if no NOC found in Best Business Park, Netaji Subhash Place, Pitampura, New Delhi 110034."
The CPIO furnished a reply to the Appellant on 05.10.2023 stating as under:
"Reply no. 1 All fire safety certificates along with inspection report having all details and shortcomings issued to the buildings covered under Rule 27 of Delhi Fire Service Act 2007 and Rules 2010, are available on the website of this department at www.dfs.delhigovt.nic.in, which can be downloaded at free of charge.
Reply no 2. Please see reply no. 2"
Being dissatisfied, the appellant filed a First Appeal dated 25.10.2023. The FAA vide its order dated 20.11.2023, held as under.
"Applicant was asked to appear before the undersigned for the hearing of the appeal on dated 15.11.2023 at 11:00 A.M. But applicant did not appear on the scheduled date and time. Appeal heard in the presence of the PIO. On perusal of 1st appeal it was found that information provided by the PIO is correct and sufficient.
Hence, 1st appeal is disposed off without further directions."
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Shri Dinesh Chand Modi, appeared in person. Respondent: Shri Mukesh Verma, PIO, and Shri Nagendra Singh, APIO, appeared in person.
Shri Dinesh Chand Modi appeared on behalf of the appellant; however, he failed to submit any authority letter of the appellant to contest this case. Therefore, the submissions made by Shri Dinesh Chand Modi is not taken on record.Page 3 of 5
The respondent while defending their case reiterated their reply that all fire safety certificates along with inspection report and other Information having all details and shortcomings issued to the buildings covered under Rule 27 of Delhi Fire Service Act 2007 and Rules 2010, are available on the website of the department i.e. www.dfs.delhigovt.nic.in which can be downloaded at free of Charge.
Decision:
The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records, noted that the respondent informed the appellant that all fire safety certificates along with inspection report and other Information having all details, are available on the website i.e. www.dfs.delhigovt.nic.in.
The RTI Act mandates every public authority to provide maximum information in the public domain through the internet so that the public have minimum resort to the use of the RTI Act to obtain information. Further, once information has been provided in public domain and on the website, the information is no longer held by or under the control of any public authority and hence, is no longer accessible as 'right to information'. Thus, the Commission finds that the action of the CPIO is inconsonance with the provisions of the RTI Act and intervention of the Commission is not warranted in these matters.
The appeals are disposed of 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 Page 4 of 5 Copy To:
The FAA, Delhi Fire Service HQ, New Barakhamba Road, Connaught Lane, Barakhamba Road, New Delhi - 110001 Page 5 of 5 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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