Central Information Commission
Manish Singh vs Indian Council Of Medical ... on 20 June, 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/ICOMR/A/2024/623954.
Shri. Manish Singh. ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, ...प्रनतवािीगण /Respondent
Indian Council of Medical research.
Date of Hearing : 18.06.2025
Date of Decision : 18.06.2025
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 29.12.2023
PIO replied on : 23.01.2024
First Appeal filed on : 22.02.2024
First Appellate Order on : 20.03.2024
2ndAppeal/complaint received on : 07.06.2024
Information soughtand background of the case:
The Appellant filed an RTI application dated 29.12.2023 seeking information on following points:-
"Kindly supply/provide the copies of the document listed below within stipulated time. This is our request under Right to Information Act, 2005 for which necessary amount is paid by Indian postal order.
1. Provide me the copy of proposal for amendment of recruitment rules for Administrative Cadre (Group A, B & C), 2017 of ICMR as contained in Office Memorandum no 16/155/2015-Admn.II dated 15.01.2020.
2. Copy of resolution/approval by the Governing body approving the proposal for amending of Recruitment Rules for Administrative Cadre (Group A, B & C), 2017 of ICMR vide Office Memorandum no 16/155/2015-Admn.II dated 15.01.2020.
3. Copy of covering letter vide which the above said approval of Governing body of the ICMR, if any, referred/ forwarded to the nodal ministry i.e. Department of Health Research and Ministry of Health & Family Welfare.
4. Copy of consent/ approval, if any, given by DHR and MoHFW approving the above said resolution or approval of the Governing body for proposed amendment of Recruitment Rules for Administrative Cadre (Group A, B & C). 2017 of ICMR."
The CPIO, SO (Admin-II)vide letter dated 23.01.2024 replied as under:-
"1. A copy of proposal is enclosed.
2. A copy of the same is enclosed.
3. Not available.
Page 1
4. As enclosed at Sl.No.2"
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 22.02.2024. The FAA, Senior Administrative Officer vide order dated 20.03.2024 replied as under:-
"Point no 1: I agree with the comments of the CPIO. Information which is already in public domain does not qualify the definition as 'Information' as per section 2(f) of RTI Act.
Point no. 2: CPIO has already provided information in the body of the text in online portal which is reproduced below:
Information related to Point No. 2 is available on ICMR website vide URL https://main.icmr.nic.in/sites/default/files/upload documents/Amendment Admn RRs 15.Jan 2020 1to21 pdf.
Point no. 4:
I agree with the comments of the CPIO in his reply dated 19-02-2024. The copy of approval of the competent authority contains details of officers (of which none is the appellant) as well as other confidential information, it tantamount to third partyinformation under section 8(1)(j) of the RTI Act. Appeal is disposed off."
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
Appellant: Present through video-conferencing.
Respondent: Mr. Abhishek Saraf, SO and Mr. Safal Chetri, Sr. AO- participated in the hearing.
The Appellant stated that the relevant information has not been furnished to him till date. He requested to direct the PIO to furnish complete information.
The Respondent stated that relevant information as available in their records has been duly provided to the Appellant.
Decision:
Upon perusal of records and examining the facts of the case at hand, it is noted that the Appellant's queries had been appropriately answered by the custodian of information. The reply is self- explanatory and information as permissible under the provisions of the RTI Act has been duly supplied to the Appellant. In the given circumstances, no further intervention of the Commission is warranted in this case under the RTI Act.
Page 2 The appeal is disposed of accordingly.
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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