Central Information Commission
Surmukh Singh vs Department Of Personnel & Training on 9 June, 2022
Author: Saroj Punhani
Bench: Saroj Punhani
के ीय सूचना आयोग
Central Information Commission
बाबागंगनाथमाग , मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
File No : CIC/DOP&T/A/2021/120175
Surmukh Singh ......अपीलकता /Appellant
VERSUS
बनाम
CPIO,
Department of Personnel & Training,
AVD-II, North Block, New Delhi - 110001.
CPIO
Central Bureau of Investigation,
Delhi Special Police Establishment,
(Administration Division), RTI Cell,
5th B, 7th Floor, A wing, Lodhi Road,
New Delhi - 110003. .... ितवादीगण /Respondent
Date of Hearing : 04/05/2022
Date of Decision : 25/05/2022
INFORMATION COMMISSIONER : Saroj Punhani
Relevant facts emerging from appeal:
RTI application filed on : 21/11/2020
CPIO replied on : 01/12/2020
First appeal filed on : 16/12/2020
First Appellate Authority's order : 08/02/2021
2nd Appeal/Complaint dated : 22/03/2021
1
Information sought:
The Appellant filed an RTI application dated 21.11.2020 seeking the following information:
1. Please inform the number of sanctioned posts and the number of vacant posts at the level of Superintendent of Police, CBI and DIG, CBI as on 01.11.2020.
2. Please intimate whether any advertisement is done for filling the vacancy in CBI on Central Deputation at the level of (i) Joint Director (ii) DIG and (iii) SP.
3. Please inform whether Officers on Central Deputation to CBI at the level of (i) Joint Director (ii) DIG and (iii) SP - are covered under the Central Staffing Scheme?
The CPIO, M/o. DoPT, AVD-II informed the appellant on 01.12.2020 that:
".........with respect to your RTI application, no such information is available with the undersigned CPIO. However, the application is being forwarded to the concerned Department i.e. CBI for providing the information(if available with them) directly to you."
The SP(HQ)- cum-CPIO,CBI/Head Office/New Delhi informed the appellant on 03.12.2020 that:
"..........Vide notification no. F.No. 1/3/2011-IR dated 09.06.2O11 of the Govt. of India, CBI is an organization exempted under section 24 of the RTI Act, 20O5 (SI.No.23 of the 2od schedule of the said Act), and as such RTI Act is not applicable to the organization."
The CPIO, M/o. DoPT, AVD-II informed the appellant on 15.12.2020 that:
"point no. 1, it is informed you that the sought information is not available with the undersigned answering CPIO.
points no. 2 & 3, it is informed you that SP, DIG and Joint Director in CBI are appointed on deputation as per provisions prescribed under DSPE Act, 1946 and their tenures are governed by IPS Tenure Policy.
3. Further, a copy of your RTI application is forwarded to CPIO, CBI, for providing requisite information, if any, available with them, directly to you."
Being dissatisfied, the appellant filed a First Appeal dated 16.12.2020. FAA's order dated 08.02.2021 observed as under:-
2"...................CPIO has provided the information available with them. Further, a copy your RTI application is forwarded to CPIO, CBI for providing requisite information. If any, available with them, directly to appellant."
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerging during Hearing:
The following were present:-
Appellant: Present through video conference.
Respondent No.1: Sanjay Kumar Chaurasia, US & CPIO present through intra- video conference.
Respondent No.2: Mukesh Verma, Dy. SP & Rep. of CPIO present through intra- video conference.
The Appellant reiterated the contents of the RTI Application and stated that he is dissatisfied with the replies provided by the CPIO.
The CPIOs reiterated their replies provided to the Appellant.
Decision:
The Commission based on a perusal of the facts on record observes that while Respondent No.1 has provided factual replies to the queries raised in the RTI Application, Respondent No.2 has also aptly sought for the exemption under Section 24 of the RTI Act as the information sought for in the RTI Application does not pertain to allegations of corruption and/or human rights violation. It is pertinent to note that the information sought for at points 2 & 3 of the RTI Application does not even conform to Section 2(f) of the RTI Act as the Appellant has sought for clarifications and answers to speculative queries. The Appellant shall note that outstretching the interpretation of Section 2(f) of the RTI Act to include deductions and inferences to be drawn by the CPIO is unwarranted as it casts immense pressure on the CPIOs to ensure that they provide the correct deduction/inference to avoid being subject to penal provisions under the RTI Act. In this regard, his attention is drawn towards a judgment of the Hon'ble Supreme Court on the scope and ambit of Section 2(f) of RTI Act in the matter of CBSE vs. 3 Aditya Bandopadhyay & Ors.[CIVIL APPEAL NO.6454 of 2011]wherein it washeld as under:
"35. At this juncture, it is necessary to clear some misconceptions about the RTI Act. The RTI Act provides access to all information that is available and existing.........A public authority is also not required to furnish information which require drawing of inferences and/or making of assumptions. It is also not required to provide `advice' or `opinion' to an applicant, nor required to obtain and furnish any `opinion' or `advice' to an applicant. The reference to `opinion' or `advice' in the definition of `information' in section 2(f) of the Act, only refers to such material available in the records of the public authority. Many public authorities have, as a public relation exercise, provide advice, guidance and opinion to the citizens. But that is purely voluntary and should not be confused with any obligation under the RTI Act." (Emphasis Supplied) Having observed as above, no scope of relief is pertinent in the matter.
The appeal is disposed of accordingly.
Saroj Punhani (सरोजपुनहािन) हािन) Information Commissioner (सूचनाआयु ) Authenticated true copy (अिभ मािणत स#यािपत ित) (C.A. Joseph) Dy. Registrar 011-26179548/ [email protected] सी. ए. जोसेफ, उप-पंजीयक दनांक / 4