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Central Information Commission

Abhishek Sharma vs Ministry Of External Affairs on 5 November, 2019

                                 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/MOEAF/A/2018/134670

Abhishek Sharma                                               ... अपीलकताग/Appellant


                                       VERSUS
                                        बनाम


1. CPIO, Ministry of External                             ...प्रनतवािीगण /Respondents
   Affairs, RTI Cell, Janpath, New
   Delhi.

2. CPIO, Ministry of External
   Affairs, US(PB-II, PB-III &
   PB(PB(PR), New Delhi

3. CPIO, Ministry of External
   Affairs, US(Cadre & CCP, PA-
   III & Transport), New Delhi.

4. CPIO, Ministry of External
   Affairs, DS(FSP), South Block,
   New Delhi.


Relevant dates emerging from the appeal:
RTI : 01.12.2017            FA       : 29.03.2018             SA     : 31.05.2018

CPIO : 08.12.2017           FAO : 09.04.2018                  Hearing : 31.10.2018




                                                                           Page 1 of 6
                                    ORDER

1. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Ministry of External Affairs, New Delhi seeking information on three points regarding posts occupied by officers of IFS(B), including, inter-alia, (i) year-wise information, since 2004, with regard to the exact posts occupied by Section officers [officer of IFS(B)] while posted abroad, (ii) year-wise information, since 2004, with regard to the exact posts occupied by Under Secretaries [officers of IFS(B)] while posted abroad, and (iii) year-wise information, since 2004, with regard to the exact posts occupied by the Under Secretaries [officer of IFS] while posted abroad.

2. The appellant filed a second appeal before the Commission on the grounds that the respondent has not furnished the information sought for on a vague plea. The appellant requested the Commission to direct the respondent to provide the information sought by him, to take penal action against the CPIO, to recommend disciplinary action against the CPIO, and also to provide compensation to him.

Hearing:

3. The appellant Shri Abhishek Sharma, Shri Kuldeep and the respondents Ms. Manusmriti, Under Secretary (Cadre), Shri Subhash Agrawal, RTI Consultant, and Shri Mojito Vinto, DS (FSP and Cadre), MEA, New Delhi were present in person.

4. The appellant submitted that the respondent has not furnished any information to him, despite the information being available with the respondent. He further stated that the information sought by him was wrongly denied to him on the grounds that the information sought is voluminous in nature, collating and Page 2 of 6 compiling of which would disproportionately divert the resources of the respondent organization. Hence, its disclosure is exempted under Section 7(9) of the RTI Act. The appellant requested the Commission to direct the respondent to provide the information sought for by him.

5. The respondent submitted that the RTI application of the appellant was transferred to the concerned department. The respondent further submitted that the information sought by the appellant pertained to several different files, and the information being scattered and voluminous could not be provided to him. The respondent further stated that the appellant had filed several RTI applications with the respondent, seeking yearwise information from the year 2004 which pertained to very old records. The respondent stated that the appellant was informed that the information sought is voluminous in nature, collating and compiling of which would disproportionately divert the resources of the respondent organization. Hence, its disclosure is exempted under Section 7(9) of the RTI Act. Upon query, the respondent admitted that some of the information sought by the appellant can be provided to the appellant subject to the provisions of the RTI Act. The respondent requested the Commission to grant an opportunity to revisit the RTI application to provide information as per the provisions of the RTI Act to the appellant.

6. The appellant stated that he has no objection towards the plea of the respondent to provide him an appropriate reply.

Decision:

7. The Commission, after hearing the submissions of both the parties and perusing the records, notes that no proper reply in response to the RTI application was furnished to the appellant by the respondent. The Commission further observes that the information sought by the appellant can be provided by the respondent subject to the provisions of RTI Act. In view of this, the Commission directs the respondent to revisit the RTI application and provide a revised reply to the appellant within a period of four weeks from the date of receipt of a copy of this order under intimation to the Commission.

8. With the above observations, the appeal is disposed of.

9. Copy of the decision be provided free of cost to the parties.

Sd/-

Sudhir Bhargava (सुधीर भागगव) Chief Information Commissioner (मुख्य सूचना आयुक्त) दिनांक / Date 01.11.2019 Authenticated true copy (अनभप्रमानणत सत्यानपत प्रनत) S. S. Rohilla (एस. एस. रोनिल्ला) Dy. Registrar (उप-पंजीयक) 011-26186535 / [email protected] Page 4 of 6 Addresses of the parties:

1. The First Appellate Authority (FAA) Ministry of External Affairs RTI Cell, Room No. 2021, 'A' Wing, Jawaharlal Nehru Bhawan, 23-D, Janpath, New Delhi - 110 011.

2. The Central Public Information Officer (CPIO) Ministry of External Affairs RTI Cell, Room No. 2021, 'A' Wing, Jawaharlal Nehru Bhawan, 23-D, Janpath, New Delhi - 110 011.

3. The First Appellate Authority (FAA) Ministry of External Affairs US(PB-II, PB-III & PB(PB(PR), Room No. 4056 'A' Wing, Jawaharlal Nehru Bhawan, 23-D, Janpath, New Delhi - 110 011.

4. The Central Public Information Officer (CPIO) Ministry of External Affairs US(PB-II, PB-III & PB(PB(PR), Room No. 4056 'A' Wing, Jawaharlal Nehru Bhawan, 23-D, Janpath, New Delhi - 110011

5. The First Appellate Authority (FAA) Ministry of External Affairs US(Cadre & CCP, PA-III and Transport), Room No. 4086 'A' Wing, Jawaharlal Nehru Bhawan, 23-D, Janpath, New Delhi - 110 011.

6. The Central Public Information Officer (CPIO) Ministry of External Affairs US(Cadre & CCP, PA-III and Transport), Room No. 4086 'A' Wing, Jawaharlal Nehru Bhawan, 23-D, Janpath, New Delhi - 110 011.

7. The First Appellate Authority (FAA) Ministry of External Affairs DS(FSP), Room No. 37, South Block, New Delhi

8. The Central Public Information Officer (CPIO) Ministry of External Affairs DS(FSP), Room No. 37, South Block, New Delhi

9. Shri Abhishek Sharma Page 6 of 6