Central Information Commission
Mrigendra Kumar Singh vs Department Of Atomic Energy on 21 February, 2020
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीय अपील सं या / Second Appeal No.:- CIC/DOATE/A/2018/141763-BJ
Mr. Mrigendra Kumar Singh
....अपीलकता/Appellant
VERSUS
बनाम
CPIO
Under Secretary, Department of Atomic Energy
Centralized Cadre Section, Anushakti Bhawan
C. S. M. Marg, Mumbai - 400001
... ितवादीगण /Respondent
Date of Hearing : 20.02.2020
Date of Decision : 21.02.2020
Date of RTI application 13.03.2018
CPIO's response 14.03.2018/
26.03.2018
Date of the First Appeal 24.04.2018
First Appellate Authority's response Not on Record
Date of diarised receipt of Appeal by the Commission 04.07.2018
ORDER
FACTS:
The Appellant vide his RTI application sought information regarding the certified copy of minutes of meeting of Senior Selection Committee for the Year 2015-16 for the promotion cases of all Scientific Officer/G to Scientific Officer/H as mentioned in the minutes of meeting of Screening Committee no. dated March 17, 2015, etc. The CPIO, vide its letter dated 14.03.2018, transferred the RTI application to the concerned CPIO. Subsequently, the CPIO, vide its letter dated 26.03.2018, denied disclosure of information u/s 8(1)(j) of the RTI Act, 2005. Dissatisfied with the CPIO's response, the Appellant approached the FAA. The FAA's order, if any, is not on the record of the Commission.
HEARING:
Facts emerging during the hearing:
The following were present:Page 1 of 3
Appellant: Absent;
Respondent: Mr. Ashok B. Gerira, US (Cadre) & CPIO through VC;
The Appellant remained absent during the hearing. Mr. Nitesh, Network Engineer NIC studio at Indore confirmed the absence of the Appellant. In its reply, the Respondent drew the attention of the Commission to its decision in Appeal No. CIC/DOATE/A/2018/625128 dated 05.11.2019 wherein the directions of the Commission had been complied with. The Appellant had also been informed accordingly. The Commission was in receipt of a written submission from the Respondent dated 14th February, 2020 wherein it was submitted that the matter had already been heard and adjudicated by the Commission in Appeal No. CIC/DOATE/A/2018/625128 dated 05.11.2019. In this response, the CPIO, DAE had already complied with the above order and furnished the required information to the Appellant vide their letter dated 29.11.2019. In view of the above, it was prayed to the Commission of dispose of the instant Appeal.
The Commission referred to the definition of information u/s 2(f) of the RTI Act, 2005 which is reproduced below:
"information" means any material in any form, including records, documents, memos, e- mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, report, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force."
Furthermore, a reference can also be made to the relevant extract of Section 2 (j) of the RTI Act, 2005 which reads as under:
"(j) right to information" means the right to information accessible under this Act which is held by or under the control of any public authority and includes ........"
In this context a reference was made to the Hon'ble Supreme Court decision in 2011 (8) SCC 497 (CBSE Vs. Aditya Bandopadhyay), wherein it was held as under:
35..... "It is also not required to provide 'advice' or 'opinion' to an applicant, nor required to obtain and furnish any 'opinion' or 'advice' to an applicant. The reference to 'opinion' or 'advice' in the definition of 'information' in section 2(f) of the Act, only refers to such material available in the records of the public authority. Many public authorities have, as a public relation exercise, provide advice, guidance and opinion to the citizens. But that is purely voluntary and should not be confused with any obligation under the RTI Act."
Furthermore, the Hon'ble Supreme Court of India in Khanapuram Gandaiah Vs. Administrative Officer and Ors. Special Leave Petition (Civil) No.34868 OF 2009 (Decided on January 4, 2010) had held as under:
6. "....Under the RTI Act "information" is defined under Section 2(f) which provides:
"information" means any material in any form, including records, documents, memos, e- mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, report, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force."Page 2 of 3
This definition shows that an applicant under Section 6 of the RTI Act can get any information which is already in existence and accessible to the public authority under law. Of course, under the RTI Act an applicant is entitled to get copy of the opinions, advices, circulars, orders, etc., but he cannot ask for any information as to why such opinions, advices, circulars, orders, etc. have been passed."
7. "....the Public Information Officer is not supposed to have any material which is not before him; or any information he could have obtained under law. Under Section 6 of the RTI Act, an applicant is entitled to get only such information which can be accessed by the "public authority" under any other law for the time being in force. The answers sought by the petitioner in the application could not have been with the public authority nor could he have had access to this information and Respondent No. 4 was not obliged to give any reasons as to why he had taken such a decision in the matter which was before him."
The Appellant was not present to contest the submissions of the Respondent or to substantiate his claims further.
DECISION:
Keeping in view the facts of the case and the submissions made by the Respondent and in the light of the decision of the Commission in Appeal No. CIC/DOATE/A/2018/625128 dated 05.11.2019, no further intervention is required in the matter.
The Appeal stands disposed accordingly.
(Bimal Julka) (िबमल जु का) (Information Commissioner) (सूचना आयु ) Authenticated true copy (अ भ मा णत स या पत त) (K.L. Das) (के .एल.दास) (Dy. Registrar) (उप-पंजीयक) 011-26182598/ [email protected] दनांक / Date: 21.02.2020 Page 3 of 3