Central Information Commission
Syed Arshad Ali Azam Ali And Mr. S. C. ... vs Dep’T. Of Personnel & Training (Dopt). on 18 December, 2008
CENTRAL INFORMATION COMMISSION
2nd Adjunct
to Appeal Nos. CIC/WB/A/2007/00657 dated 15.5.2007
& CIC/WB/A/2008/00956 dated 27.5.2008
Right to Information Act 2005 - Section 19
Appellants - Syed Arshad Ali Azam Ali and Mr. S. C. Agrawal
Respondent - Dep't. of Personnel & Training (DoPT).
ORDER
In the decision of 27.11.'08 in File No. CIC/WB/A/2007/00657 we had directed as follows:
"It is clear that CPIO has simply acted in accordance with a circular issued by the DOPT. If we are to construe malafide in the denial of information in such cases, it is necessary that the source of such malafide denial be identified and further action considered accordingly. From the above it is clear that the impugned circular was issued with the approval of then Secretary DOPT. However, this noting itself makes clear that it was moved as a result of action directed earlier at the level of Minister of State to whom the matter had been referred under the directions of this Commission. Therefore, this hearing is further adjourned. The file, dealing with reference to the Committee of Secretaries, will be submitted to us on 11.12.2008 at 12.30 p.m. for consideration of any further action merited."
In the decision of the same date in File No. CIC/WB/A/2008/00956 we had directed as follows:
"Submitted to Under Secretary (RTI) Ms. Zoya, this note was approved by Director (RTI), Jt. Secy. (AT&A) and finally the then Secretary, DOPT Shri Satyanand Mishra on 9.4.08. On being asked as to the basis on which the matter was referred to a Committee of Secretaries which clearly has no jurisdiction under the RTI Act 2005 to adjudicate upon a clear decision of this Commission, Ms. Zoya submitted that this is placed on a separate file and the Committee of Secretaries was due to meet on this issue on 4.12.08.
It is clear that CPIO has simply acted in accordance with a circular issued by the DOPT. If we are to construe malafide in the denial of information in such cases, it is necessary that the source of such 1 malafide denial be identified and further action considered accordingly. From the above it is clear that the impugned circular was issued with the approval of then Secretary DOPT. However, this noting itself makes clear that it was moved as a result of action directed earlier at the level of Minister of State to whom the matter had been referred under the directions of this Commission.
Therefore, this hearing is further adjourned. The file, dealing with reference to the Committee of Secretaries, will be submitted to us on 11.12.2008 at 12.30 p.m. for consideration of any further action merited."
As is clear from both above, our decision hinges on the file dealing with the reference to Committee of Secretaries.
Both cases were heard on 11.12.2008. The following are present:
Dr. S. K. Sarkar, JS (AT&A) DOPT Ms. Anuradha S. Chugti, DS (RTI) DOPT Dr. Sarkar, Jt. Secretary (AT&A), DOPT submitted a copy of the file with the noting in question in which it had been directed that the decision of the Commission, as directed by us, be referred for "consultation" with the Committee of Secretaries.
On the basis of the above, we come to the following conclusion: -
1. The Minister of State in the Ministry of Personnel, Public Grievances & Pension, Department of Personnel & Training, has simply acted on our recommendations made u/s 25(5) of the RTI Act in referring the matter to the Committee of Secretaries but only for consultation. There is no implication of seeking a further ruling by any committee given that the orders of this Commission are binding. This being an activity of the Department, therefore, this process may continue in the normal course. It provokes no cause for penalty.2
2. However, because it is already clear that the entry of file noting with regard to exempted information on the website of the DOPT is misleading, we find that DOPT is in violation of the RTI Act, as held by us clearly in Decision dated 29.1.2007 in Appeal No. CIC/OK/A/2006/00154 - Pyare Lal Verma Vs. Ministry of Railways.
Therefore, u/s 19(8)(a) sub sections (iii) & (iv), the DOPT is now required to delete from its website in the definition of information that this does not include file noting. The present reading in the website www.persmin.nic.in under point 3 of the heading "About Right to Information" in the RTI Portal the following is the entry:
What does information mean?
Information means any material in any form including records documents, memos, e-mails, opinions advices, press releases, circulars, orders logbooks, contracts, reports, papers, samples, models data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force but does not include "file notings." 1 To bring this in compliance with Sec. 2 (f), which it misleadingly seeks to quote, this entry will be redrafted as follows, in full quotation from the relevant Section of the RTI Act 2005, deleting specifically the portion underlined by us.
What does information mean?
Information means any material in any form including records documents, memos, e-mails, opinions advices, press releases, circulars, orders logbooks, contracts, reports, papers, samples, models data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force.
Dr. S. K. Sarkar, Jt. Secretary (AT&T), DOPT will comply with this order within a week of the date of issue of this Decision Notice under intimation to Shri Pankaj KP Shreyaskar, Jt. Registrar of this Commission.1
Underlined by us 3 Announced in the hearing, this decision is issued on 18.12.2008. Notice of this decision be given free of cost to the parties.
.
(Wajahat Habibullah) Chief Information Commissioner 18.12.2008 Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges, prescribed under the Act, to the CPIO of this Commission.
(Pankaj Shreyaskar) Joint Registrar 18.12.2008 4