Central Information Commission
Pankaj Gauba vs Central Adoption Resource Agency on 27 September, 2024
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
File No: CIC/CARAG/A/2023/632141
Pankaj Gauba .....अपीलकर्ाग /Appellant
VERSUS
बनाम
PIO,
Central Adoption Resource Agency,
West Block-8, Wing-II,2nd Floor,
R.K Puram, New Delhi - 110066. ....प्रनर्वािीगण /Respondent
Date of Hearing : 24.09.2024
Date of Decision : 26.09.2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 21.04.2023
CPIO replied on : 17.05.2023
First appeal filed on : 23.05.2023
First Appellate Authority's order : 15.06.2023
2nd Appeal/Complaint dated : 20.06.2023
Information sought:
The Appellant filed an RTI application dated 21.04.2023 seeking the following information:
I have been a registered user with user id (PrHR22071245981) since Aug 2022, I have two small girls child and I have applied for the one male child and I was eligible to adopt the male child up to 0-2 years as my Page 1 of 4 home inspection report was done perfectly and I have seniority of around 1682 which I have seen on your portal of CAIRA in March 2023. As new amendment has been done in Sep 2022 in which you have applied that if the pap having two living child can adopt the special child and then as per new letter no E103493 CARA-LP07/14/2022 dated 21/03/2023, Pap having two living child can adopt the normal child but age will be between 08 to 18. The new amendment has been applied to all the previous Pap (parents) too who were registered before this amendment.
As per RTI Act 2005, please provide any document/proceeding/guideline/office order/court order under which the new amendment has been applied to the previous parents too who were registered before this amendment in Sep 2022 (having two living child can adopt the normal child but age will be.
The CPIO furnished a reply to the Appellant on 17.05.2023 stating as under:
All official communication made with the stakeholders can be retrieved from CARA's website www.cara.nic.in.
Being dissatisfied, the appellant filed a First Appeal dated 23.05.2023. The FAA vide its order dated 15.06.2023, held as under.
"2. It is to inform you that the requisite information has already been provided to you by CPIO vide letter no R-76001/1/2021/RTI/Admn-CARA dated 17/05/2023. Kindly find the attached Office Memorandum for your reference."
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Present through video-conference. Respondent: Mr. M Sampaul, Assistant Director along with Mr. Mukul Sagar, Counsellor present in person.
Appellant expressed his dissatisfaction to the fact that proper reply has not been furnished by the Respondent. Further, he contended the inaction of Respondent Public Authority in implementing the new amendments regarding Page 2 of 4 adoption of children with retrospective effect. In this regard, he urged the Commission to intervene in the matter.
Respondent stated that timely reply has already been provided to the appellant by informing him that All official communication made with the stakeholders can be retrieved from CARA's website www.cara.nic.in. Further, the FAA vide their order dated 15.06.2023 supplied a copy of relevant office memorandum dated 21.03.2023, contents of which reproduced below for reference:
"E103480 CARA-LP07/14/2022 दि/Date 21.03.2023 कार्ाालर् ज्ञापन OFFICE MEMORANDUM As per Regulation 5(7) of the Adoption Regulations 2022, couples with two or more children shall only be considered for special needs children as specified in clause (25) of Regulation 2 and hard-to-place children as staled in clause (13) of Regulation 2 unless they are relatives or step-children.
The Steering Committee of the Authority in its 34 meeting held on 15 February 2023 thus taken a decision in Agenda No. 34.06 to disallow the Prospective Adoptive Parents (PAPs) already having two children to adopt a normal child.
However, such PAPs shall be eligible to reserve children available on the Immediate Placement or Special Needs portal While the decision is being executed all registered Prospective Adoptive Parents (PAPS) may be informed by the SARAS/DCPUs/SAAs and the CAs/IDMs/AFAAs about the action taken on the aforementioned issue."
Decision:
The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records, observes that as far as RTI application is concerned appropriate response has been provided to the appellant vide letters dated 17.05.2023 and 15.06.2023 respectively, which is as per the provisions of the RTI Act.
It is noteworthy that the CPIO is only a communicator of information based on the records held in the office and hence, he is not expected to create information as per the desire of the Appellant. Further, the issue flagged by the Page 3 of 4 appellant during the hearing is a matter of grievance which cannot be resolved under the mandate of the RTI Act.
Hence, no scope of relief lies in this 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, Central Adoption Resource Agency, West Block-8, Wing-II,2nd Floor, R.K Puram, New Delhi - 110066.Page 4 of 4
Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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