Central Information Commission
A Ravi vs National Thermal Power Corporation ... on 3 July, 2024
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
File No: CIC/NTPCO/A/2023/143915
A Ravi .....अपीलकर्ाग /Appellant
VERSUS
बनाम
CPIO,
NTPC Ltd, 4th Floor, Room No. 185,
Engineering Office Complex, Sector - 24,
Noida- 201301. .....प्रनर्वािीगण /Respondent
Date of Hearing : 25.06.2024
Date of Decision : 02.07.2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 10.07.2023
CPIO replied on : 27.07.2023
First appeal filed on : 07.08.2023
First Appellate Authority's order : 23.08.2023
2nd Appeal/Complaint dated : 02.11.2023
Page 1 of 4
Information sought:
The Appellant filed an RTI application dated 10.07.2023 seeking the following information:
Attested copy of Information Manual/ RTI Handbook of NTPC-Simhadri under clause (b) of Section 4 (1) of RTI Act, 2005 as per DOPT's O.M Particulars of its organization, functions and duties [Section 4 (1) (b) (1)] Powers and duties of its officers and employees [Section 4 (1) (b) (ii)] Procedure followed in decision making process[Section 4 (1) (b) (iii)] Norms for discharge of functions [Section 4 (1) (b) (iv)] Rules, regulations, instructions, manuals and records for discharging functions [Section 4 (1) (b) (v)] Categories of documents held by the authority under its control [Section 4 (1) (b) (vi)] Particulars of any arrangement for consultation with or representation by the members of the public in relation to the formulation of policy or implementation thereof [Section 4 (1) (b) (vii)] Boards, councils, committees & other bodies constituted as part of the Pub. Authority functioning (S.4 (1) (b) (vill)) Directory of officers and employees [Section 4 (1) (b) (ix)] Monthly remuneration received by officers & employees including the system of compensation [Sec. 4 (1) (b) (x) Budget allocated to each agency including all plans proposed expenditures & reports on disbursements made etc. S4(1)(b)(xii) The manner of execution of subsidy programmes [Section 4 (1) (b) (xii)] Particulars of recipients of concessions, permits or authorizations generated by Pub. Authority [8.4 (1) (b) (x)] Information available in electronic form [Section 4 (1) (b) (xiv)] Particulars of facilities available to citizens for obtaining information [Section 4 (1) (b) (xv)] The names, designation and other particulars of the PIOs [Section 4 (1) (b) (xvi) Such other information as may be prescribed under Section 4 (1) (b) (xvii).
The CPIO furnished a reply to the Appellant on 27.07.2023 stating as under:
"NTPC-Simhadri is one of the Units of NTPC Ltd. and as such there is no separate Website/Manual/RTI Handbook of NTPC-Simhadri."
Being dissatisfied, the appellant filed a First Appeal dated 07.08.2023. The FAA vide its order dated 23.08.2023, held as under.
Page 2 of 4"I have gone through your appeal and reply of CPIO, NTPC and found that the contention of CPIO, NTPC is in order and your RTI Application has been adequately responded to."
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present: -
Appellant: Not Present.
Respondent: Shri S Nandan, AGM & CPIO and Shri Vikash Kumar, DGM present in person.
Written submissions of the Respondent are taken on record.
The Respondent while defending the case inter alia submitted that vide their letter dated 27.07.2023, they have informed the factual position in the matter to the Appellant. The Respondent further submitted that no such information as sought by the Appellant is available in their records. Further, the FAA had also upheld the reply given by the CPIO.
Decision:
The Commission upon perusal of records observes that the main premise of instant Appeal was non-furnishing of information by the CPIO. The Commission observes that factual position in the matter has already been informed to the Appellant as per his RTI application and as per the provisions of the RTI Act vide letter dated 27.07.2023.
It is an admitted fact that the CPIO is only a communicator of information based on the records held in the office and hence, he is not expected to do research work to deduce anything from the material therein and then supply it to him. Further, the CPIO is neither supposed to create information nor to interpret information nor to furnish clarification to the Appellant under the ambit of the RTI Act.Page 3 of 4
In this regard, the Commission finds no infirmity in the reply and as a sequel to it further clarifications tendered by the CPIO during hearing as the same was found to be in consonance with the provisions of RTI Act.
No intervention of the Commission is warranted in the matter.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (विनोद कुमार वििारी) Information Commissioner (सूचना आयुक्त) Authenticated true copy (अनिप्रमानणर् सत्यानपर् प्रनर्) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:
The FAA, NTPC Ltd, 4th Floor, Room No. 185, Engineering Office Complex, Sector - 24, Noida -201301.Page 4 of 4
Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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