Central Information Commission
Amit Kumar vs Geological Survey Of India on 27 May, 2025
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/GSIND/A/2024/640837.
Shri. Amit Kumar. ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, ...प्रनतवािीगण /Respondent
Geological Survey of India.
Date of Hearing : 23.05.2025
Date of Decision : 23.05.2025
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 15.05.2024
PIO replied on : 22.05.2024
First Appeal filed on : 18.06.2024
First Appellate Order on : 09.07.2024
2ndAppeal/complaint received on : 17.09.2024
Information soughtand background of the case:
The Appellant filed an RTI application dated 15.05.2024 seeking information on following points:-
"Request for information on Right To Information act 2005 Whether the Chemical lab of G.S.I. Eastern regions, keeps a systematic record of the following:
Date of receiving of Ore and GCM samples at chemical division, Date of handing over of samples to Chemist for chemical analysis Date of completion of chemical analysis by Chemist Date of submission of analysis report by the chemist to his Supervisory officer/Director.
Date of submission of analytical data by the Officer in Charge at Chemical Division to the Officer concerned (Geologist) who has submitted these Ore/GCM Sample, or to the Director T.C. of his state unit. If Yes, Then I may kindly be given information on grounds of Right to information act 2005, on all the above five points, for the samples related to two of my F.S.P.as follows:
(1) FS 2019-20, F.S.P. Id: M2AFGBM-MEP/NC/ER/SU-JH/2019/24095 (2) F5 2022-23, F.S.P. Id: M1AGCS-GCM/NC/ER/SU-JH/2022/41994 (for the A & H package only) I may kindly also be provided/ forwarded a copy of the mail, which the Superintending Chemist/ OIC received for the last analytical result which he received from chemist, for both the FSP, (only for A & H package for the Later F.S.P.) and some other information as stated in background information PDF (attached)."
Page 1 The CPIO, Asst. Director(P&A) vide letter dated 22.05.2024 replied as under:-
"With reference to your RTI application (NO-GSIND/R/E/24/00231) dtd.15.05.2024, received through RTI MIS Portal on 20.05.2024. It is to inform that the hard copy of information documents is being enclosed herewith as received from the information holding authority, pertaining to ER, GSI, under the RTI Act, 2005."
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 18.06.2024. The FAA, Director(Chem) vide order dated 09.07.2024 stated as under :-
"In view of the aforesaid facts, the appellate authority, in observance in respect of instant appeal expressed her satisfaction that the Department had already supplied the information sought by the applicant. The FAA Can't create or interpret information in this appeal whereas the appellant not point wise classified "Details not provided" in his appeal. Therefore, the appeal is disposed of."
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Written submission dated 15.05.2025 has been received from the PIO, GSI, Kolkata and same has been taken on record for perusal.
Facts emerging in Course of Hearing:
Appellant: Present through video-conferencing.
Respondent: Mr. Subhash Chandra Mondal, Cost Accounts officer, Mr. Surender Ghosh, Mr. Satish Tirkey, Suptg. Geologist- participated in the hearing through video-conferencing.
The Appellant stated that the relevant information has not been furnished to him within stipulated time frame. He further stated the complete information has not been furnished to him by the PIO as per the provisions of RTI Act.
The Respondent stated that the relevant information from their official records has been duly provided to the Appellant. He further stated that complete information as available in their records has been duly provided to the Appellant.
Decision:
At the outset, Commission directs the concerned PIO to furnish a copy of their latest written submission along with annexures if any, to the RTI Applicant, free of cost via speed-post and via e-mail, within 07 days from the date of receipt of this order and accordingly, compliance report be sent to the Commission.
Page 2 Keeping in view the facts of the case and the submissions made during hearing, the Commission is of the view that an appropriate response as per the provisions of the RTI Act, 2005 has been provided by the Respondent. Commission notes that 'information' as defined in the section 2(f) of the Act, only refers to such material as is already available in the records of the public authority. Furthermore, the RTI Act, 2005 does not cast an obligation upon the public authority, to create or collate such non-available information and then furnish it to an applicant. Hence, no further intervention of the Commission is required in the instant matter The appeal is disposed off 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 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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