Central Information Commission
G Anandaiah vs Department Of Posts on 16 July, 2020
CIC/POSTS/A/2018/167399
के ीय सूचना आयोग
Central Information Commission
बाबागंगनाथ माग,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीय अपील सं या / Second Appeal No. CIC/POSTS/A/2018/167399
In the matter of:
G Anandaiah ... अपीलकता/Appellant
VERSUS
बनाम
CPIO, ... ितवादीगण /Respondent
Department of Posts,
(Personal Department),
Dak Bhawan, Sansad Marg,
New Delhi
Relevant dates emerging from the appeal:
RTI : 01.05.2018 FA : 30.06.2018 SA : 17.11.2018
CPIO : 21.06.2018 FAO : 17.08.2018 Hearing : 14.07.2020
The following were present:
Appellant: Heard over the phone
Respondent: Shri Vinayak Mishra, ADG, Department of Posts, Personal
Department, Dak Bhawan, Sansad Marg, New Delhi, heard over the phone
Page 1 of 6
CIC/POSTS/A/2018/167399
ORDER
Information Sought:
The appellant filed an RTI application on 01.05.2018, seeking information on eight points pertaining one Shri M. Sampath working as Chief PMG in the Chief Postmaster General Office, Tamil Nadu Circle, Chennai for the past two years, including, inter alia;
1. To provide a copy of the community certificate submitted by Shri M. Sampath.
2. To provide a copy of the Revenue Authority community verification report of Shri M. Sampath.
3. To provide a copy of the Service Book first page of Shri M. Sampath.
4. To provide copy of the SSLC Book first page of Shri M. Sampath. And other related information.
The CPIO, vide letter dated 21.06.2018, provided point wise information to the appellant. Being dissatisfied, the appellant filed first appeal dated 30.06.2018. FAA, vide order dated 17.08.2018, stated that in respect of point nos. 1, 2 and 4 of appellant's RTI application dated 01.05.2018, the caste certificate of Shri M. Sampath, as available on records, has already been provided to the appellant. Further, Revenue Authority Verification Report and SLCC book could not be located from the records.
Grounds for Second Appeal:
The appellant filed second appeal u/s 19 of the RTI Act on the ground of unsatisfactory reply furnished by respondent. He requested the Commission to direct the CPIO to provide the information sought for and also issue necessary Page 2 of 6 CIC/POSTS/A/2018/167399 instructions to the CPIO/Director (Staff), Dak Bhawan, New Delhi to avoid such mistakes in future.
Submissions made by Appellant and Respondent during Hearing:
The appellant submitted that Shri M. Sampath with respect to whom the information has been sought retired in February, 2020. However, a copy of his verification report and SSLC Book, as sought vide point nos. 2 and 4, has not been furnished to him by the respondent till date thereby rendering the appellant incapable of taking up the matter of forged caste certificate filed by Shri M. Sampath with higher authorities. He requested the Commission to direct the CPIO to provide the information sought for.
The respondent submitted that information, as available on record, has already been furnished to the appellant vide letter dated 21.06.2018. He further submitted that Shri M. Sampath was appointed in the Department of Posts in the year 1989 in SC category. A copy of the caste certificate of said Shri M. Sampath, along with the copy of the first page of his service book, as sought vide point nos. 1 and 4, were furnished to the appellant vide the above noted letter wherein the disclosure with respect to the caste of Shri M. Sampath has been clearly made. However, the SSLC Book, as sought vide point no. 4, could not be furnished to the appellant since no such book is maintained in their department. With respect to the information sought vide point no. 2, the respondent submitted that the appellant has sought verification report issued by Revenue Authority in the year 1989. The same being an old record could not be traced. Further, the respondent was also not sure as to whether the Revenue Authority conducted verification of the caste certificates back in 1989.Page 3 of 6
CIC/POSTS/A/2018/167399 Decision:
The Commission, after hearing the submissions of both the parties and perusing the records, referred to the judgment of the Hon'ble Supreme Court in the matter of CBSE & Anr. vs. Aditya Bandopadhyay & ors. (C.A. No. 6454 of 2011), decision dated 09.08.2011 wherein it was held as under:
"35......... But where the information sought is not a part of the record of a public authority, and where such information is not required to be maintained under any law or the rules or regulations of the public authority, the Act does not cast an obligation upon the public authority, to collect or collate such non-available information and then furnish it to an applicant..............."
Further, the Hon'ble High Court of Delhi in its judgment dated 04.12.2014 in case of The Registrar, Supreme Court of India vs. Commodore Lokesh K. Batra and Ors. [W.P.(C) No. 6634/2011] has held as under:
"11. Insofar as the question of disclosing information that is not available with the public authority is concerned, the law is now well settled that the Act does not enjoin a public authority to create, collect or collate information that is not available with it. There is no obligation on a public authority to process any information in order to create further information as is sought by an applicant......."
From the above ratios, it is clarified that under the provisions of the RTI Act only such information as is available and existing and held by the public authority or is under control of the public authority can be provided. The PIO is not supposed to create information that is not a part of the record. He is also not required to interpret information or provide clarification or furnish replies to hypothetical Page 4 of 6 CIC/POSTS/A/2018/167399 questions. In view of the above, no further intervention of the Commission is required in the matter.
With the above observations, the appeal is disposed of. Copy of the decision be provided free of cost to the parties.
The appeal, hereby, stands disposed of.
अिमता पांडव)
Amita Pandove (अिमता व
Information Commissioner (सू सूचना आयु )
दनांक / Date: 14.07.2020
Authenticated true copy
(अिभ मािणत स यािपत ित)
B. S. Kasana (बी. एस. कसाना)
Dy. Registrar (उप-पंजीयक)
011-26105027
Addresses of the parties:
1. The First Appellate Authority (FAA),
Department of Posts,
(Personnel Department),
Dak Bhawan, Sansad Marg,
New Delhi- 110001
2. The Central Public Information Officer (CPIO), Department of Posts, (Personnel Department), Dak Bhawan, Sansad Marg, New Delhi- 110001 Page 5 of 6 CIC/POSTS/A/2018/167399
3. Shri G Anandaiah Page 6 of 6