Central Information Commission
Mr Syed Khasim Hussain vs Department Of Atomic Energy on 24 March, 2014
Central Information Commission
Room No.306, 2nd Floor, August Kranti Bhawan,
Bhikaji Cama Place, New Delhi - 110 066
Website: www.cic.gov.in
CIC/SM/A/2013/001094/SS
24.3.14
Appellant : Syed Khasim Hussain
Respondent : Department of Atomic Energy
Date of Hearing : 24.3.14
ORDER
Shri Syed Khasim Hussain, hereinafter called the appellant, has filed the present appeal dated 27.6.13 before the Commission against the respondent Department of Atomic Energy for not providing complete information in response to his RTI application dated 22.4.13. The appellant was absent. The respondent was represented by Shri Dr. R.P. Acharya, Deputy Secretary.
1. The appellant through his RTI application dated 22.4.13 sought information on 15 points. However, appellant is mainly dissatisfied with the information given in respect of point nos. 10 and 11 of his RTI application. At point nos 10 and 11 of the RTI application following information has been sought by the appellant :
"Vide letter no. ID No. 6/3/2013PMP3/17259, dated 30.1.13, the PMO forwarded my application dated 10.1.13 to Secretary, DAE for appropriate action. The information about appropriate action taken by the Secretary, DAE on ID No. 6/3/2013/PMP3/17259, dated 30.1.13 may please be provided.
As per letter ID N. 6/3/2013/PMP3/22396, dated 11.3.13, PMO forwarded my letter dated 31.1.13 to Secretary, DAE for appropriate action. The details of information about appropriate action taken by Secretary, DAE on ID No. 6/3/2013/PMP3/22396 dated 11.3.13 may please be provided."
The CPIO vide letter dated 3.5.13 has replied to point nos.1 to 9 and 12 to 15 of the appellant's RTI application, the queries at point nos. 10 & 11 of the RTI application however were transferred under Section 6(3) of the RTI Act to CPIO (I&M), DAE. CPIO(I&M), DAE replied on 14.5.13, informing the appellant that the information sought at point nos. 10 & 11 of the RTI application is not covered within the definition of 'information' under Section 2(f) of the RTI Act.
However, since the appellant was not satisfied with the reply of the CPIO, he preferred first appeal on 5.6.13 before the FAA. The FAA through his order dated 21.6.13 has observed that the information sought at point no.10 to 11 of the RTI application has to be located, collated and a reasoned conclusion made, therefore the same does not fall under the category of Section 2(f) of the RTI Act. However, he held that the appellant could visit the office to peruse the concerned file.
2. During the hearing, respondent submits that the information sought on those points is to be gathered from various sources. Respondent submits that they have offered that the appellant could visit their office and peruse the records. Respondent also submits that the appellant has filed approximately 223 RTI applications in a period of about one and a half year.
3. The appellant's complaints dated 10.1.13 & 31.1.13 (referred to at point no.10 & 11 of the RTI application) were sent to CVO, DAE. The Commission is of the view that the information sought by the appellant at point nos. 10 & 11 is covered within the definition of 'information' as defined in Section 2(f) of the RTI Act. Commission, hereby, directs the respondent CPIO to inform the appellant about the action taken on the complaints, as has been requested, at point nos. 10 & 11 of his RTI application. In case, the information is available with CVO, DAE, respondent CPIO will transfer the RTI application to CPIO of Vigilance Section of DAE within 5 days of receipt of this order. CPIO, Vigilance Section of DAE would then inform the appellant about the action taken on the appellant's aforementioned complaints within 5 days of receipt of RTI application.
The matter is disposed of with these directions.
(Sushma Singh) Chief Information Commissioner Authenticated by (D.C. Singh) Deputy Registrar Address of the Parties:
1. The Under Secretary(Vigilance) & CPIO, Department of Atomic Energy, Vigilance Section, Anushakti Bhawan, Chatrapati Shivaji Maharaj Marg, Mumbai - 400 001.
2. The Deputy Secretary (I&M) & FAA, Department of Atomic Energy, (I&M Section) Anushakti Bhawan, Chatrapati Shivaji Maharaj Marg, Mumbai - 400 001.
3. Mr. Syed Khasim Hussain H. No. 141121, SBH Road, Mew Paloncha - 507115, Khammam Dt., A.P.