Central Information Commission
Ankit Demta vs Ministry Of Statistics & Programme ... on 23 January, 2025
Author: Heeralal Samariya
Bench: Heeralal Samariya
के न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/MOSPI/A/2024/612016
Shri ANKIT DEMTA ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, ...प्रनतवािीगण /Respondent
Ministry of Statistics & Programme
Implementation
Date of Hearing : 21.01.2025
Date of Decision : 21.01.2025
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 16.10.2023
PIO replied on : 18.10.2023
First Appeal filed on : 17.11.2023
First Appellate Order on : 18.12.2023
2 Appeal/complaint received on
nd : 17.03.2024
Information soughtand background of the case:
The Appellant filed an RTI application dated 16.10.2023 seeking information on following points:-
"As per section 2 (e) (f) (g) (h) (i) (j), 20 (1) (2), 7(1) and section 4(1)(a)(b)(c) (d) of RTI act, and section 65, 74, 75, 76 of The Indian Evidence Act 1872 & in accordance to point 2 of RTI guidelines by DoPT in OM dated 06.10.2015 vide file no.10/1/2013-IR (annex 1), with reference to OM enclosed at annex 2 & 3 dated 26.09.2023 vide file no. 11018/4/2023-SSS of Sh. Mohammad Tayyab, Deputy Director (SSS) & Sh. Gaurav Vats, Senior Statistical Officer of MOSPI please provide Certified true copy of information within 48 hours pertaining (1) Certified true copy of noting of approval from the competent authority of OM dated 26.09.2023 vide file no. 11018/4/2023-SSS of Sh. Mohammad Tayyab, Deputy Director (SSS) of MoSPI, (2) Certified true copy of noting of approval from the competent authority of OM dated 26.09.2023 vide file no. 11018/4/2023- SSS of Sh. Gaurav Vats, Senior Statistical Officer of MOSPI, (3) Certified true copy of direction communicated to Sh. ANKIT DEMTA to Forgo Fundamental, Constitutional & Legal Rights under Article 14, 16, 19, 21, 300A and 311 of the Constitution and not to seek justice against offences under SC ST (POA) 1989 regarding representation dated 29.08.2023 submitted to the respected Secretary of MoSPI as enclosed at annex 4, (4) Certified true copy of information pertaining details of the Senior Statistical Officer (SSO) framing and making note 23 on 19.09.2023 at 04.47 PM (annex 5 & 5A) in the file no. 11018/4/2023-SSS (Computer no.61287) in light of RTI reg. No. Page 1 MOSPI/R/E/23/00700 dated 26.09.2023 and the representation of Sh. ANKIT DEMTA dated 16.07.2023, for submission to National Commission for Scheduled Tribes, New Delhi for the investigation vide file no. NCST/SER- 976/MOJS/2/2023-SSW as the requested information pertains to obstruction, denial or violation of Constitutional Rights and Fundamental Rights of Sh. Ankit Demta and acts done in furtherance of offences under SC ST (POA) Act 1989, held in any form by the competent authority and public authority in accordance to the RTI act 2005 and The Indian Evidence Act 1872."
The Dy. Director & CPIO(SSS), Ministry of Statistics & Programme Implementation, New Delhi vide letter dated 18.10.2023 replied as under:-
"Point No. 1:-The information sought by the applicant has already been furnished by CPIO of SSS vide letter No. E-55210 dated 16.10.2023. Point No. 2:-The information sought by the applicant has already been furnished by CPIO of SSS vide letter No. E-55211 dated 16.10.2023. Point No. 3:-In this regard, it is to inform that no specific information in material form is available with the CPIO of SSS. Under the RTI Act 2005, only such information/material can be provided which is available on records with CPIO or under the authoritative control of CPIO. Point No. 4:-It is informed that providing details of the officer/official who has dealt the instant matter will not serve any public interest as the official dealt the matter in official capacity as per work assigned to her/him by the higher authority. Further, it is to inform that disclosure of identity of the individual officer may cause unwarranted invasion of the privacy of the officer, thus, the information sought by the applicant cannot be shared in light of Section 8 (1) J of RTI Act-2005.
2. Further, in case of Sh. Ankit Demta, it has been observed that in recent past similar/repetitive RTI applications have been filed seeking the similar type of information. In this regard, your attention is invited to CIC decision dated 25.06.2014 in the matter Ramesh Chand Jain Vs Delhi Transport Corporation, GNCTD (CIC/AD/A/2013/001326-SA), wherein it was observed:
i) Even a single repetition of RTI Application would demand the valuable time of the Public Authority. There is no scope of repeating under RTI Act 2005,
ii) Citizen has no right to repeat,
iii) Repetition shall be the ground for rejected, and
iv) Appeals can be rejected.
Therefore, in accordance with CIC Judgement No. CIC/AD/A/2013/001326 - SA dated 25.06.2014, the RTI request is hereby partially rejected in respect of paras 1 and 2."
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 17.11.2023. The FAA vide order dated 18.12.2023 upheld the reply of CPIO.
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
Appellant: Present Page 2 Respondent: Shri Timan Singh, Deputy Director (SS), Shri Chetan Yangjor, Deepika Rawat The submissions of both the parties were heard and the written submission dated Nil filed by the CPIO was considered.
Decision:
Upon the perusal of the case records & submissions, the Commission observes that an appropriate reply has been provided by the CPIO. However, the CPIO is directed to resend all the documents related to the information sought by the Appellant within 10 days from the date of receipt of this order by speed post/registered post/ Email and to further send a compliance to the Commission 01 week thereafter.
Further, considering the case of the Appellant, the Commission directs the CPIO to provide another opportunity to the Appellant or his authorized representative, to inspect available and relevant records as sought in the instant RTI Application, on a mutually decided date and time duly intimated to the Appellant telephonically and/or in writing. Copy of documents, if desired by the Appellant upon inspection should be provided upon payment of prescribed fees as per RTI Rules, 2012. However, no information shall be furnished by the CPIO, to the Appellant, which is exempted from disclosure under the RTI Act, 2005. In case, relevant record contains any third-party information or any other exempted information then same must be redacted or blacked out prior to the said inspection.
The said direction should be complied within 30 days from the date of receipt of this order and accordingly compliance report to this effect be duly sent to the Commission by the CPIO thereafter.
In the light of above directions, the Commission does not find any merits for the further intervention in the present appeal. Thus, the present appeal stands disposed off with the direction to the CPIO.
Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अनिप्रमानणत सत्यानपत प्रनत) S. K. Chitkara (एस. के . नचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 3 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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