Central Information Commission
Shri. S. Deepak vs Central Adoption Resource Authority on 23 February, 2009
Central Information Commission
2nd Floor, August Kranti Bhawan,
Bhikaji Cama Place, New Delhi - 110 066
Website: www.cic.gov.in
Decision No.3709/IC(A)/2009
F. No.CIC/MA/A/2009/00010
Dated, the 23rd February, 2009
Name of the Appellant: Shri. S. Deepak
Name of the Public Authority: Central Adoption Resource Authority
i
Facts:
1. Both the parties were heard on 23/2/2009.
2. In the course of hearing, it emerged that the appellant had asked for certain information held by an NGO, which is licensed by the State of Tamil Nadu. The CPIO has, therefore, expressed his inability to provide the information mainly on the ground that the information was not available with him and he would not be able to access the information under section 2(f) of the Act, as the custodian of information i.e. the NGO falls under the purview of the State Government. The CPIO of the respondent also stated on the basis of the feedback obtained from the NGO in question that all the documents in original have been submitted to the Court, which is examining the matter relating to the grant of maintenance to the appellant's wife.
3. The appellant, however, pleaded for providing the information required for resolution of a dispute between him and his estranged wife, who has filed an appeal for providing maintenance to her and the child adopted by the couple when they were together. He, therefore, pleaded that the respondent being the Nodal Body should obtain the information regarding the Gynecological report of his estranged wife and other documents available with the NGO for adoption of the child.
Decision:
4. The information asked for is neither available with the respondent nor it can be accessed u/s 2(f) of the Act, as the NGO in question being the custodian of information is under the purview of the State government.
i "If you don't ask, you don't get." - Mahatma Gandhi 1
5. Since the NGO in question is neither administratively controlled or financially supported by the Govt. grants, it is not covered under the definition of Public Authority u/s 2(h) of the Act. The information asked for, therefore, cannot be furnished by the respondent.
6. Since the matter is already in the Court for resolution of disputes between the appellant and his wife, it is presumed that he would get legal relief as per law.
7. With these observations, the appeal is disposed of.
Sd/-
(Prof. M.M. Ansari) Central Information Commissioner ii Authenticated true copy:
(M.C. Sharma) Assistant Registrar Name & address of Parties:
1. Shri. S. Deepak, No.21/3 Venkatachalam Street, Purusawalkam, Chennai
- 600 007
2. Dr. J. Pati, CPIO, Central Adoption Resource Authority, West Block-VIII, Wing-II, R.K. Puram, New Delhi - 110 066.
3. The Appellate Authority, Central Adoption Resource Authority, West Block-VIII, Wing-II, R.K. Puram, New Delhi - 110 066.
ii "All men by nature desire to know." - Aristotle 2