Central Information Commission
Chandranshu Mehta vs Ministry Of Home Affairs on 22 June, 2021
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
द्वितीय अपील संख्या / Second Appeal No. CIC/MHOME/A/2019/129141
CIC/MHOME/A/2019/120880
Shri Chandranshu Mehta ... अपीलकताा /Appellant
VERSUS/बनाम
PIO ...प्रद्वतवादीगण /Respondent
Ministry of Home Affairs
Date of Hearing : 22.06.2021
Date of Decision : 22.06.2021
Chief Information Commissioner : Shri Y. K. Sinha
Relevant facts emerging from appeal:
Since both the parties are same, the above mentioned cases are clubbed
together for hearing and disposal.
Case RTI Filed CPIO reply First appeal FAO 2nd Appeal
No. on received on
129141 10.02.2019 06.03.2019, 08.04.2019 06.05.2019 19.06.2019
01.04.2019
&
05.04.2019
120880 10.02.2019 01.04.2019 16.03.2019 - 06.05.2019
Information soughtand background of the case:
(1) CIC/MHOME/A/2019/129141 The Appellant filed an RTI application dated 10.02.2019 seeking information following points:-
Copy of the Complete File Noting pertaining to Correspondence F.No. 24013/201/2009 -CSR-III dated 16.07.2010.
Copy of the Complete File Noting pertaining to Correspondence No. 24013/33/Misc/2012-CSR.III dated 16.05.2012.
Copy of the Complete File Noting pertaining to Correspondence No. 15011/35/2013 - SC/ST - W dated 10.05.2013.
Copy of the Complete File Noting pertaining to Correspondence No. 15011/91/2013 - SC/ST - W dated 05.02.2014.Page 1 of 6
Copy of the Complete File Noting pertaining to Correspondence No. 24013/09/Misc./2014-CSR.III dated 24.03.2014.
Copy of the Complete File Noting pertaining to Correspondence No. 15011/91/2013 - SC/ST - W dated 12.10.2015.
Copy of the Complete File Noting pertaining to Correspondence No. IV/16011/23/2016-CSR.II dated 03.10.2016.
Copy of the Correspondence(s) with Complete File Notings pertaining to the Registration of FIR & Zero FIR issued to the Delhi Police till-date.
Please specify the Designation with Concerned Department/Division/Section of a Ministry of Home Affairs Officials to whom a Citizen of India approached for Inaction of Delhi Police in Registration of FIR and Violations of Guidelines Pertaining to the Registration of FIR.
The CPIO/Dy. Secretary (WS) vide letter dated 06.03.2019 replied as under:-
The CPIO /Dy. Secretary (CS Division) vide letter dated 01.04.2019 replied as under:-
The CPIO /Director (SR) vide letter dated 05.04.2019 replied as under:-Page 2 of 6
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 08.04.2019. The FAA/Joint Secretary, WS Division vide order dated 06.05.2019 directed the CPIO to once again search and ascertain the availability of the relevant files of SC/ST-W Section and provide the appellant the documents as available with his Section. In compliance with the FAA order, the CPIO and Dy Secretary, WS vide letter dated 15.05.2019 provided complete file noting with regard to file no 15011/35/2013-SC/ ST (W).
Feeling aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging during the hearing A written submission has been received from the CPIO and Dy Secretary (WS-II Division) vide letter dated 16.06.2021 wherein while reiterating the replies to the Appellant it was stated that the application was also transferred to the CPIO, Centre State (CS) Division MHA which has also provided information to the Appellant. Thereafter the First Appeals were also responded to by the FAAs of both Women Safety Division and Centre State Division of MHA. Thus, it was also requested to direct the CPIO, CS Division to appear for the hearing.
A written submission has been received from the CPIO and Director (CS) Division vide letter dated 18.06.2021 wherein it was stated that the instant RTI application was replied to vide letter dated 01.04.2019. The first appeal in the instant matter was not received by them.
In order to ensure social distancing and prevent the spread of the pandemic, COVID-19, hearing through audio conference was scheduled after giving prior notice to both the parties.
The Appellant participated in the hearing through audio conference. He stated that information on only points 1, 2, 5, 6, 7 and 9 was pending as on date. He referred to points 1, 5, 6 and 7 and stated that if the information on the same was not available, an affidavit can be issued by the concerned department regarding the non-availability of information. With regard to point no 2 he prayed that a direction be issued for disclosure of information to the departments to which the said point was transferred. He also stated that no department responded to point no 9 of his RTI application.
The Respondent represented by Shri Pawan Mehta, CPIO and DS (WS-II) and Shri Ashok Kumar Pal, CPIO and US, CS Division participated in the hearing through audio conference. Shri Mehta stated that points 1, 2, 5 and 7 were transferred to CSR-III Section and CS Division of MHA. Out of the remaining 3 points information was provided on 2 points while the concerned file was not traceable on 1 point. Shri Pal stated that point wise information was provided to the Page 3 of 6 Appellant vide letter dated 01.04.2019. Out of the two files that were untraceable at that point of time, 1 file pertaining to point no 5 of the RTI application was traceable now and can be provided to the Appellant, if so directed by the Commission.
Decision Keeping in view the facts of the case and the submissions made by both the parties, the Commission is of the view that as per the provisions of the RTI Act, 2005, only information that is held and available in the record of the public authority can be provided. The Commission thus directs Shri Ashok Kumar Pal, CPIO and US, CS Division to provide the information now traced on point no 5 to the Appellant by 31.07.2021 under intimation to the Commission.
With the above observation, the instant Second Appeal stands disposed off accordingly.
(2) CIC/MHOME/A/2019/120880 The Appellant filed an RTI application dated 10.02.2019 seeking information following points:-
Copy of the Complete File Noting pertaining to Correspondence No. 24013/39/Misc./2013-CSR.III dated 14.06.2013.
Copy of the Complete File Noting pertaining to Correspondence No. 24013/26/C.C./2010-CSR.III dated 01.03.2011.
Copy of the CBI Letter mentioned at Point No. 5 (in Copy to:-) in Correspondence No. 24013/26/C.C./2010-CSR.III dated 01.03.2011.
Copy of the Ministry of Home Affairs ID Note mentioned at Point No. 5 (in Copy to:-) in Correspondence No. 24013/26/C.C./2010-CSR.III dated 01.03.2011.
Copy of the Information Furnished by DOPT as per Point No. 6 (in Copy to:-) in Correspondence No. 24013/26/C.C./2010-CSR.III dated 01.03.2011.
The CPIO /Dy. Secretary (CS Division) vide letter dated 01.04.2019 replied as under:-Page 4 of 6
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 16.03.2019 and the same remained unheard.
Feeling aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
A written submission has been received from the CPIO and Director (CS) Division vide letter dated 18.06.2021 wherein it was stated that the instant RTI application was replied to vide letter dated 01.04.2019. In the Second Appeal, the Appellant has stated that he is satisfied with the reply of CPIO with regard to point no 1, 2, 3, 4 and 5 that the relevant file is not traceable. As per the e-office record, the file was transferred to the M&G section on 23.12.2014 which is under Director (CS- II). Accordingly, his RTI application was transferred to the Director- CS-II. The file was not traceable by them. However, as per the FAA's order, the relevant file No 24013/26/CC/2010-CSR.III was searched everywhere again and now it was found tagged with other unconnected file. Since, it has now been traced, a copy of the requisite documents have been provided to the Appellant free of cost vide letter dated 18.06.2021. The inconvenience caused to Appellant in this regard was regretted.
In order to ensure social distancing and prevent the spread of the pandemic, COVID-19, hearing through audio conference was scheduled after giving prior notice to both the parties.
The Appellant participated in the hearing through audio conference. He stated that satisfactory point wise information was not provided to him.
The Respondent represented by Shri Ashok Kumar Pal, CPIO and US, CS Division participated in the hearing through audio conference. Shri Pal reiterated the reply of the CPIO and stated that the relevant file on point no 6 of the RTI application has been traced now and information provided to the Appellant vide letter dated 18.06.2021.
Page 5 of 6Decision Keeping in view the facts of the case and the submissions made by both the parties, the Commission is of the view that as per the provisions of the RTI Act, 2005, only information that is held and available in the record of the public authority can be provided. The Commission finds no legal infirmity in the replies provided by the Respondent and thus observes that no further intervention is required in the instant matter.
With the above observation, the instant Second Appeal stands disposed off accordingly.
Y. K. Sinha (वाई. के. नसन्हा) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अद्विप्रमाद्वणत सत्याद्वपत प्रद्वत) S. K. Chitkara (एस. के. द्विटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 6 of 6