Central Information Commission
Mariyappa J vs Registrar Of Newspapers Of India on 12 March, 2025
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
File No: CIC/RNIND/C/2023/138997
Mariyappa J ....शिकायतकताा /Complainant
VERSUS
बनाम
CPIO
Office of the Registrar of Newspapers
for India, 9th Floor, Soochna Bhawan,
CGO Complex, Lodhi Road,
New Delhi - 110003 ....प्रशतवादीगण /Respondent
Date of Hearing : 07.03.2025
Date of Decision : 11.03.2025
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 04.05.2022
CPIO replied on : Not on Record
First appeal filed on : 05.07.2022
First Appellate Authority's order : 04.08.2022
2nd Appeal/Complaint dated : 01.12.2023
Information sought:
The Complainant filed an RTI application dated 04.05.2022 (offline) seeking the following information:
" A) Information sought from R.N.I, New Delhi From the source of data by info maintained and also available on any type of records, investigative & place of custody. And literature show up on Page 1 of 6 law-act-rule provisions under which the R.N.I works - executes powers & discharges duties OR any other legislation adopted and followed by R.N.I -
R.N.I to carry out the job and business of old R.N.I. B) Period concerned for information sought → Since from any date OR Mon 4-5-22.
C) Geographical Area related for info sought → Whole of India OR Total Jurisdiction of R.N.I. D) Newspaper means → English Newspaper RNI with R.N.I. E) The information sought on its subject matter of the queries are expressed in the next page.
1. Compulsory - Mandatory - Obligatory Boundary Duty of the Proprietor - company - printer - publisher of a daily English newspaper (Here on newspaper) To send or forward the newspaper by post To a citizen resident of a distant place or other than the place of printing and publishing of a newspaper, when citizen seeks or requests the forward of the copy of the newspaper by post For example: I am of Bangalore, to get 'A' newspaper printed and published at New Delhi - on by post on payment O.F. Subscription anytime for more than a year or less period.
2. A newspaper with name or title owned by the same proprietor or company, printed and published from different places under Editor for mother/main edition and Resident Editor for branch edition could be printed and published separately at different places. In such case, the compulsory mandatory...Obligatory - Bounden - Duty of the owner or proprietor - The printer - The publisher or The Resident Editors Duty to send or Forward the copy of the newspaper to A citizen who chooses to get the copy of particular places or place print of the said newspaper on payment of subscription for a period of year or more.
Example: I am at Bangalore to get a copy of the newspaper (by post) Calcutta edition or print by post Of a newspaper which is printed and published separately from New Delhi and Mumbai Example Two: I am at Bangalore to get a copy of a newspaper's New Delhi print and edition BY POST though the same newspaper holds its mother or main print - and edition publication at Bangalore 3 Period of validity of the newspaper's registration 4 Geographical area assigned for publication of newspaper Page 2 of 6 5 Newspaper to be registered with any of the other authorities in addition to RNI For the purpose of publication circulation or collection streams and other news providing services. Names of such other authorities 6 Name of Regulator/Regulating Authority for newspapers 7 Name of Controlling Authority for newspapers 8 Name of Disciplinary Authority for newspapers 9 Prior existing place controlling authority for newspapers Addressed authority for citizens - Grievances against newspapers 10 Provisions permitting editing printing publishing circulating of news paper with out registration of RNI.
11 The Ratio allowed - permitted - fixed between News and Advertisements either separately or quantity-wise or page wise per issue.
12 The name of the License - Permit - Authorization necessary for Reporter - Editor & Publisher along with the name of Academic Qualification fixed for Reporter - Editor - Publisher.
13 Particulars of Agreement of the Subsidy - Free concession - facility provided from government side or available to Editor - Reporter - Publisher - Proprietor of newspaper.
14 Newspaper where RNI Registration is currently valid -but technically irregular in daily availability, as not sealed or signed or published intermittently for sale of strips - though such may not be due to holiday - machine failure - strike, etc. That means not regularly available to public members - on sale and also newspaper stays on Registration Records that remain being unpublished But Statistics regarding this type of irregularity.
15 Redressal Forum - Authority available for Readers, Public Members Grievances against newspapers. "
The CPIO reply is not on record.
Being dissatisfied, the complainant filed a First Appeal dated 05.07.2022. The FAA vide its order dated 04.08.2022, held as under.
"Please refer your RTI appeal dated 05/07/2022 received in this office on dated 11.07.2022.
In this regard, it is informed that your RTI application has not been received in O/o Registrar of Newspapers for India. You are therefore requested to send RTI application to get requisite information."Page 3 of 6
Feeling aggrieved and dissatisfied, complainant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Complainant: Present through VC.
Respondent: Shri Deepak Kumar, CPIO-cum-Senior Statistical Officer and Shri Shubham Kumar Jha, ASO, attended the hearing through VC.
The Complainant stated that the Respondent has not provided the relevant information as sought in the instant RTI Application.
The Respondent submitted that initially their office has not received the RTI Application and the same has been received along with the hearing notice form the Commission. He added that the contents of the RTI Application is not legible and accordingly requested the Complainant to send a legible copy of the same so that a reply could be given for which he provided his email address to the Appellant which is < newsprint-rni[at]nic[dot]in >.
Decision:
The Commission observed that the present complaint was filed under Section 18 of the RTI Act, 2005 where the Commission was only required to ascertain if the information has been denied with a mala fide intent or due to an unreasonable cause or under any other clause of Section 18 of RTI Act. In this regard, the Commission relies on one judgment of Hon'ble Supreme Court in "Chief Information Commissioner & Anr. Vs. State of Manipur & Anr." bearing CIVIL APPEAL NOs.10787-10788 OF 2011 decided on 12.12.2011 has held as under:- "Therefore, the procedure contemplated under Section 18 and Section 19 of the said Act is substantially different. The nature of the power under Section 18 is supervisory in character whereas the procedure under Section 19 is an appellate procedure and a person who is aggrieved by refusal in receiving the information which he has sought for can only seek redress in the manner provided in the statute, namely, by following the procedure under Section 19. This Court is, therefore, of the opinion that Section 7 read with Section 19 provides a complete statutory mechanism to a person who is aggrieved by refusal to receive information. Such person has to get the information by following the aforesaid statutory provisions. The contention of the appellant that information can Page 4 of 6 be accessed through Section 18 is contrary to the express provision of Section 19 of the Act. It is well known when a procedure is laid down statutorily and there is no challenge to the said statutory procedure the Court should not, in the name of interpretation, lay down a procedure which is contrary to the express statutory provision. It is a time honoured principle as early as from the decision in Taylor v. Taylor [(1876) 1 Ch. D. 426] that where statute provides for something to be done in a particular manner it can be done in that manner alone and all other modes of performance are necessarily forbidden."
The above ratio is applicable to this case as well. It is observed that initially the Respondent has not received the RTI Application and the same has been received along with the hearing notice form the Commission. Accordingly, no reply could be given to the Complainant within stipulated timeframe. During the hearing, the present CPIO Shri Deepak Kumar, Senior Statistical Officer, has assured the bench that he will provide the relevant information to the Complainant upon receipt of legible copy of the RTI Application from the Complainant, no mala fide on the part of the present CPIO is established, and no cause of action under the provisions of Section 20 (1) of the RTI Act, 2005, is warranted in the instant complaint. However, the present CPIO is advised to fulfill his commitment made during the hearing.
The Complaint is disposed off accordingly.
Vinod Kumar Tiwari (निनोि कुमार नििारी) Information Commissioner (सूचना आयुक्त) Authenticated true copy (अशिप्रमाशणत सत्याशित प्रशत) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Page 5 of 6 Copy To:
FAA O/o. Registrar of Newspapers for India, 9th Floor, Soochna Bhawan, CGO Complex, Lodhi Road, New Delhi - 110003 Page 6 of 6 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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