Central Information Commission
Praveen Singh Chauhan vs Niper Ahmedabad on 14 November, 2022
Author: Heeralal Samariya
Bench: Heeralal Samariya
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग ,मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
नितीय अपील संख्या/Second Appeal No.: CIC/NIPAH/A/2021/634952
Praveen Singh Chauhan .....अपीलकताग /Appellant
VERSUS/बनाम
Public Information Officer Under RTI,
Assistant Registrar & CPIO, National Institute
of Pharmaceutical Education & Research
(Ministry of Chemicals & Fertilizers),
Palaj, Opposite Air Force Station,
Headquarter, Gandhinagar-382355
(Gujarat).
...प्रनतवािीगण/Respondents
Relevant facts emerging from appeal:
RTI application filed on : 06.06.2021
CPIO replied on : 06.07.2021
First appeal filed on : 07.07.2021
First Appellate Authority order : 05.08.2021
Second Appeal received at CIC : 06.08.2021
Date of Hearing : 14.11.2022
Date of Decision : 14.11.2022
सूचना आयुक्त : श्री हीरालाल सामररया
Information Commissioner: Shri Heeralal Samariya
Page 1 of 4
Information sought:
The Appellant sought following information:
• PIO furnished reply, vide letter dated 06.07.2021, as under:
• Dissatisfied with the response received from PIO, Appellant filed First Appeal, vide letter dated 07.07.2021.
• The FAA vide order dated 05.08.2021 held as under:
• Written submission has been received from the CPIO/Assistant Registrar vide letter dated 10.11.2022 as under :Page 2 of 4
Grounds for Second Appeal:
The PIO has not provided correct information to the Appellant.
Relevant Facts emerging during Hearing:
The following were present: -
Appellant: Present Respondent: Mr. Kunal Maheshwari, CPIO/Assistant Registrar, NIPER.
The Respondent furnished a copy of answer-sheet of the Appellant during hearing.
The Appellant submitted that the requisite information has not been furnished till date. He further stated that the Respondent be directed to furnish the information as sought.
The Respondent submitted that the relevant information as available in their official record has been duly provided to the Appellant. He further submitted that he would abide by the order of the Commission if any.
Decision:
At the outset, Commission directs the concerned PIO to furnish a copy of their written submission along with annexures, dated 10.11.2022, to the Appellant, free of cost via speed-post and via e-mail, within 07 days from the date of receipt of this order and accordingly, compliance report be sent to the Commission.
Keeping in view the facts of the case and the submissions made by both the parties, the Commission is of the view that an appropriate response as per the provisions of the RTI Act, 2005 has been provided by the Respondent since only Page 3 of 4 such information that is held and available with a public authority can be provided to the information seekers.
In the given circumstances, since the information stands disseminated, no cause of action subsists and hence the appeal is disposed off as such.
The appeal is disposed of accordingly.
Heeralal Samariya (हीरालाल सामररया) Information Commissioner (सूचना आयुक्त) Authenticated true copy (अनिप्रमानणतसत्यानपतप्रनत) Ram Parkash Grover (रामप्रकाशग्रोवर) Dy. Registrar (उप-पंजीयक) 011-26180514 Page 4 of 4