Central Information Commission
N T Niyas vs India Meteorological Department on 5 February, 2024
के न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
File Nos. : CIC/IMETD/A/2023/604301
CIC/IMETD/A/2023/617645
N T Niyas .....अपीलकर्ाग/Appellant
VERSUS
बनाम
CPIO,
India Meteorological Department,
Office of the Head, Climate Research and
Services, Shivajinagar, Pune - 411005 ....प्रनर्वािीगण /Respondent
Date of Hearing : 31-01-2024
Date of Decision : 02-02-2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
The above-mentioned second appeals are clubbed together as the Appellant
is common and subject-matter is similar in nature and hence are being
disposed of through a common order.
Relevant facts emerging from appeal:
RTI application filed on : 09-11-2022 & 24-01-2023
CPIO replied on : 12-12-2022 & 21-02-2023
First appeal filed on : 15-12-2022 & 27-02-2023
First Appellate Authority's order : 23-01-2023 & 29-03-2023
2nd Appeal/Complaint dated : NIL
1
CIC/IMETD/A/2023/604301
Information sought:
The Appellant filed an RTI application dated 09.11.2022 seeking the following information:
"Requested the Details of free of cost supply of set of basic surface instruments (not AWS/ARG) for measuring weather parameters, But FAA and CPIO hided the basic surface instruments details and intentionally given the AWS/ARG details which are not my mandate CRS Pune free of cost supplied set of basic surface instruments (not AWS/ARG) for measuring weather parameters to TD High School, Kochi, non government institution and FAA could not justify. FAA and CPIO refused to provide the details as this is a clear corruption involved CRS Pune free of cost supplied set of basic surface instruments (not AWS/ARG) for measuring weather parameters to ICCS Kottayam with less than 5 staff members with working hours 10am to 5pm of Monday to Friday and FAA could not justify as one part time observatory in Rubber board, Kottayam, nearby ICCS Kottayam, FAA and CPIO refused to provide the details as this is a clear corruption involved I will pay the fee per page copy and postage and handling charges as per RTI rules.
Kindly send me the copies of the following
1. Is there any intention for FAA to supply AWS/ARG details instead of supplying the requested details regarding basic surface observatory instruments through IMETD/A/E/22/00057? Reasons there of?
2. Total Cost incurred including actual cost, handling and transportation charges of each of the following observatory instruments to ICCS Kottayam & TD High School
1. Small Stevenson Screens ---1 Nos
2. Stands for SSS-1 Nos
3. Set of 4 thermometers-1 sets
4. ORG Set- -1 Nos
5. CCA- 1 Nos 6 Wind Vane- -1 Nos
3.Copies of the following: Request from the party of ICCS Kottayam, recommendations from MC Thiruvananthapuram, File notings of CRS, approvals and permissions from DGM in respect of free of cost supply a set of basic instruments for measuring weather parameters to ICCS Kottayam and 2 another set of basic instruments for measuring weather parameters to TD High School, Kochi for their lab use?
4. Reasons for supply of set of basic surface instruments to TD High School Kochi, which is not a government organisation?
5. Details of free of cost supply of set of basic surface instruments (not AWS/ARG) for measuring weather parameters to any other organisations in India in the past like supply a set of basic surface instruments for measuring weather parameters to ICCS Kottayam and another set of basic surface instruments for measuring weather parameters to TD High School, Kochi for their lab use?
6. Details of free of cost supply of set of basic surface instruments (not AWS/ARG) for measuring weather parameters to any organisations in India in the past, as part of awareness activity of their organisation?
7. Details of free of cost supply of set of basic surface instruments (not AWS/ARG) for measuring weather parameters to any organisations in India in the past, as part of outreach activity of IMD?
8. As there is already one very old and historical part time observatory in Rubber board. Kottayam, nearby ICCS Kottayam then kindly give the CRS judgement details in the increase of awareness about weather and climate services in the young minds of students with the surface observatory in ICCS Kottayam, without any owned building for ICCS Kottayam?
9. Details of broad objective and the larger public interest found in the ICCS Kottayam with less than 5 staff members with working hours 10am to 5pm of Monday to Friday?
10. How surface observatory in ICCS Kottayam further improve IMD's nowcasting capability, even IMD could not use the part time observatory in Rubber board, Kottayam, nearby ICCS Kottayam as it takes only 08:30am and 05:30pm observations?
11. Details of broad objective and the larger public interest found in the TD High School Kochi, which is not a government organisation, without a decent physics Lab in the school?. Details of Use of basic surface instruments in their Lab?3
12. As answered, IMD supplied above basic surface observatory instruments to ICCS Kottayam as it is a state government. Has IMD supplied free of cost all the basic surface observatories (not AWS/ARG) in Agricultural universities and other organisations under state government of Kerala, or government of India?
13. Kindly give details of all such free of cost supply of basic surface observatory instruments (not AWS/ARG) by SID Pune
14. As there are two observatories NAS and CIAL in Kochi, is there any justifications for another surface observatory in TD High School Kochi?
15. As not a government organisation and only a high school, is it required to supply IMD basic surface observatory instruments free of cost? Is there any corruption involved?
16. As there is already one very old and historical part time observatory in NAS Kochi, nearby TD High School Kochi then kindly give the CRS judgement details in the increase of awareness about weather and climate services in the young minds of students with the surface observatory in a lab of TD High School Kochi,
17. Are those decisions taken in a hurry without putting proper brain before implementing?
18. Is this totally a misuse of Deligated office power and wastage of Central Government money?
19. Is there any plan to start atleast a part time IMD basic surface observatory (not AWS/ARG) in the Four districts in Kerala, viz, Pathanamthitta Idukki Wayanad and Kasaragod?
20. Details of spatially denser observatory network requirements in Kottayam city alone compared to other districts in Kerala, in particular, than these Hilly and most vulverable Four districts in Kerala, viz, Pathanamthitta, Idukki, Wayanad and Kasaragod?"
The CPIO furnished a point-wise reply to the Appellant on 12.12.2022 stating as under:
"1. AWS/ARG is also part of observational network so there was no other intention to give AWS/ARG details.
2. Total cost incurred is as given in the table mentioned below:4
Sr. Name of Instrument Qty Rate Amount GST Transportation Total No . (Rs.) (Rs.) (18%) charges (Rs.) amount . (Rs.) (Rs.) 1 Small Stevensons Screen 2 22000 44000 7920 3725 55645 with stand (by Railway) 2 2 10580 21160 3808.8 0(through EPP) 24968.8 Thermometer's (Max, Min, D.B and W.B) 3 ORG with Measuring cylinder 2 4120 8240 1483.2 0(through EPP) 9723.2 4 CCA 2 11700 23400 4212 0(through EPP) 27612 5 Wind vane 2 7300 14600 2628 0(through EPP) 17228 6 Forwarding/Transport/Labou 1800 1800 r charges etc Total 111400 20052 5525 136977
3. Based on the request received from state government authority these items were supplied by this office to MC Thiruvananthapuram for further necessary action and were not supplied directly to ICCS Kottayam and TD High school, Kochi (copy attached).
4. Under the approved program of IMD already it is proposed to install observatory instruments in 50 Kendriya Vidyalaya schools. Based on the request received from state government authority these items were supplied by this office to MC Thiruvananthapuram for further necessary action and were not supplied directly to ICCS Kottayam and TD High school, Kochi (copy attached).
5. Based on the request items are supplied to state government, KVK, AMFU.
6. AWS/ARG is also a part of observatory network and based on the request items are supplied to state government, KVK, AMFU.
7. Free of cost observatory items viz; Single Stevenson's screen and ORG have been supplied to DPS School, Magarpatta, Pune.
8. Based on the request received from state government authority these items were supplied by this office to MC Thiruvananthapuram for further necessary action and were not supplied directly to ICCS Kottayam and TD High school, Kochi (copy attached).
9. Site was recommended by state government so based on the request received from state government authority these items were supplied by this office to MC Thiruvananthapuram for further necessary action and were not 5 supplied directly to ICCS Kottayam and TD High school, Kochi (copy attached Annexure -1)
10. Information not available.
11. Site was recommended by state government.
12. Based on the request items are supplied to state government, KVK, AMFU.
13. 02 nos.
14. Based on the recommendation by state government items were supplied by this office to MC Thiruvananthapuram for further necessary action and were not supplied directly to TD High school, Kochi (copy attached).
15. The aim to supply surface observatory instruments, AWS/ARG under different schemes is to create awareness among students about weather.
16. As recommended by the state government so based on the request received from state government authority these items were supplied by this office to MC Thiruvananthapuram for further necessary action and were not supplied directly to ICCS Kottayam and TD High school, Kochi (copy attached - Annexure
-1)
17. No such thing.
18. No such thing.
19. No such information is available.
20. It will be covered under the AWS/ARG Network. In addition to existing departmental and part time observatory under. It will be covered in current 400 AWS project details (for Kerala State) of AWS enclosed. (Annexure-II)."
Being dissatisfied, the appellant filed a First Appeal dated 15.12.2022. The FAA vide its order dated 23.01.2023, upheld the reply of CPIO.
6CIC/IMETD/A/2023/617645 Information sought:
The Appellant filed an RTI application dated 24.01.2023 seeking the following information:
"Requested the Details of free of cost supply of set of basic surface instruments (not AWS/ARG) for measuring weather parameters, But FAA and CPIO hided the basic surface instruments details and intentionally given the AWS/ARG details which are not my mandate CRS Pune free of cost supplied set of basic surface instruments (not AWS/ARG) for measuring weather parameters to TD High School, Kochi, non-government institution and FAA could not justify. FAA and CPIO refused to provide the details as this is a clear corruption involved CRS Pune free of cost supplied set of basic surface instruments (not AWS/ARG) for measuring weather parameters to ICCS Kottayam with less than 5 staff members with working hours 10am to 5pm of Monday to Friday and FAA could not justify as one part time observatory in Rubber board, Kottayam, nearby ICCS Kottayam. FAA and CPIO refused to provide the details as this is a clear corruption involved I will pay the fee per page copy and postage and handling charges as per RTI rules.
Kindly send me the copies of the following
1. Is there any intention for FAA to supply AWS/ARG details instead of supplying the requested details regarding basic surface observatory instruments through IMETD/A/E/22/00057? Reasons there of?
2. Total Cost incurred including actual cost, handling and transportation charges of each of the following observatory instruments to ICCS Kottayam & TD High School
1. Small Stevenson Screens-1 Nos
2. Stands for SSS-1 Nos
3. Set of 4 thermometers-----1 sets
4. ORG Set- -1 Nos
5. CCA- 1 Nos 6 Wind Vane- -1 Nos
3. Copies of the following: Request from the party of ICCS Kottayam, recommendations from MC Thiruvananthapuram, File notings of CRS, 7 approvals and permissions from DGM in respect of free of cost supply a set of basic instruments for measuring weather parameters to ICCS Kottayam and another set of basic instruments for measuring weather parameters to TD High School, Kochi for their lab use?
4. Reasons for supply of set of basic surface instruments to TD High School Kochi, which is not a government organisation?
5. Details of free of cost supply of set of basic surface instruments (not AWS/ARG) for measuring weather parameters to any other organisations in India in the past like supply a set of basic surface instruments for measuring weather parameters to ICCS Kottayamand another set of basic surface instruments for measuring weather parameters to TD High School, Kochi for their lab use?
6. Details of free of cost supply of set of basic surface instruments (not AWS/ARG) for measuring weather parameters to any organisations in India in the past, as part of awareness activity of their organisation?
7. Details of free of cost supply of set of basic surface instruments (not AWS/ARG) for measuring weather parameters to any organisations in India in the past, as part of outreach activity of IMD?
8. As there is already one very old and historical part time observatory in Rubber board, Kottayam, nearby ICCS Kottayam then kindly give the CRS judgement details in the increase of awareness about weather and climate services in the young minds of students with the surface observatory in ICCS Kottayam, without any owned building for ICCS Kottayam?
9. Details of broad objective and the larger public interest found in the ICCS Kottayam with less than 5 staff members with working hours 10am to 5pm of Monday to Friday?
10. How surface observatory in ICCS Kottayam further improve IMD's nowcasting capability, even IMD could not use the part time observatory in Rubber board, Kottayam, nearby ICCS Kottayam as it takes only 08:30am and 05:30pm observations?
11. Details of broad objective and the larger public interest found in the TD High School Kochi, which is not a government organisation, without a decent physics Lab in the school?. Details of Use of basic surface instruments in their Lab?8
12. As answered, IMD supplied above basic surface observatory instruments to ICCS Kottayam as it is a state government. Has IMD supplied free of cost all the basic surface observatories (not AWS/ARG) in Agricultural universities and other organisations under state government of Kerala, or government of India?
13. Kindly give details of all such free of cost supply of basic surface observatory instruments (not AWS/ARG) by SID Pune
14. As there are two observatories NAS and CIAL in Kochi, is there any justifications for another surface observatory in TD High School Kochi?
15. As not a government organisation and only a high school, is it required to supply IMD basic surface observatory instruments free of cost? Is there any corruption involved?
16. As there is already one very old and historical part time observatory in NAS Kochi, nearby TD High School Kochi then kindly give the CRS judgement details in the increase of awareness about weather and climate services in the young minds of students with the surface observatory in a lab of TD High School Kochi,
17. Are those decisions taken in a hurry without putting proper brain before implementing?
18. Is this totally a misuse of Deligated office power and wastage of Central Government money?
19. Is there any plan to start atleast a part time IMD basic surface observatory (not AWS/ARG) in the Four districts in Kerala, viz, Pathanamthitta Idukki Wayanad and Kasaragod?
20. Details of spatially denser observatory network requirements in Kottayam city alone compared to other districts in Kerala, in particular, than these Hilly and most vulverable. Four districts in Kerala, viz, Pathanamthitta Idukki, Wayanad and Kasaragod?"
The CPIO furnished a reply to the Appellant on 21.02.2023 stating as under:
"All the information and document send by registered speed post."9
Being dissatisfied, the appellant filed a First Appeal dated 27.02.2023. The FAA vide its order dated 29.03.2023, held as under:-
"With reference to your online appeal dated 27.02.2023 received in this office, it is to inform you that the appellant authority has carefully perused your appeal. It is to inform you that this office has already mentioned that basic observatory instruments have been supplied to MC Thiruvananthapuram for ICCS, Kottayam and TD High School, Kochi on request received from State Government, so there was no any other intention to give AWS/ARG details. These instruments supplied to MC Thiruvananthapuram are at no cost for ICCS, Kottayam & TD High School, Kochi Hence there is no question of any corruption. The details of basic observatory instruments supplied were provided in the earlier RTI reply hence this office has not hidden any information Based on the request received from State Government authority, these items were supplied by this office to MC Thiruvananthapuram for further necessary action and were not supplied directly to ICCS Kottayam & TD High School, Kochi The aim to supply surface observatory instruments, AWS/ ARG under different schemes is a part of outreach and to create awareness among students about weather. This has already been mentioned in previous correspondence from this office.
All the correspondence from this office has been done under the intimation to MC Thiruvananthapuram."
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Present through Video-Conference. Respondent: Dr. Medha Khole, CPIO present through Video-Conference.
The written submissions of the Appellant and the Respondent are taken on record.
The Appellant while reiterating the contents of his above-mentioned RTI applications and instant appeal submitted that till date complete and correct information was not provided to him by the Respondent. Further, he is not satisfied with the response given by the Respondent on his RTI applications.10
The Respondent submitted that vide their letters dated 12.12.2022, 21.02.2023, 23.01.2023 and 29.03.2023, complete point-wise reply/information as per the documents available on record has already been provided to the Appellant. The replies of the Respondent were seen during the hearing.
The Respondent further submitted that similar matters of the Appellant has already been heard and adjudicated by the Commission in file Nos. CIC/IMETD/A/2021/628042; CIC/IMETD/A/2021/643864 and CIC/IMETD/A/2022/660574 wherein the Commission had categorically observed that "the Appellant is strictly cautioned to desist from filing multiple applications on the same subject, as it results in disproportionate diversion of the public resources and unnecessarily burdens the public authority".
On query from the Commission, the Respondent submitted that the Appellant is a serving employee/Scientist in the Public Authority.
Decision:
The Commission observes from a perusal of records that the main premise of the instant appeal was non-receipt of desired information. The Commission observes that the CPIO has provided to the Appellant complete point-wise reply/information as per his above-mentioned RTI applications.
It is an admitted fact that the CPIO is only a communicator of information based on the records held in the office and hence, he cannot be expected to do research work to deduce anything from the material therein and then supply it to him. The CPIO can only provide information which is held by them in their records within the public authority.
The Commission further observes that some queries as sought by the Appellant in his above-mentioned RTI application are more in the nature of seeking explanation, opinion, advice from the CPIO viz. "Is there any intention for FAA to supply AWS/ARG details instead of supplying the requested details regarding basic surface observatory instruments through IMETD/A/E/22/00057? Reasons there of?; Are those decisions taken in a hurry 11 without putting proper brain before implementing?", etc. But the CPIO is not supposed to create information; or to interpret information; or to furnish clarification to the Appellant under the ambit of the RTI Act. As per Section 2(f) of the RTI Act, the reasons/opinions/advices can only be provided to the Applicants if it is available on record of the public authority. Despite this, the CPIO has provided a response to the Appellant; in the spirit of RTI Act.
For better understanding of the mandate of the RTI Act, the Appellant shall note that outstretching the interpretation of Section 2(f) of the RTI Act to include deductions and inferences to be drawn by the CPIO is unwarranted as it casts immense pressure on the CPIOs to ensure that they provide the correct deduction/inference to avoid being subject to penal provisions under the RTI Act. For the sake of clarity, the provision of Section 2(f) of the RTI Act is reproduced hereunder:
"2. Definitions.--In this Act, unless the context otherwise requires,--
(f) "information" means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, 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;.."
In this regard, the Appellant's attention is drawn towards a judgment of the Hon'ble Supreme Court on the scope and ambit of Section 2(f) of RTI Act in the matter of CBSE vs. Aditya Bandopadhyay & Ors.[CIVIL APPEAL NO.6454 of 2011]wherein it washeld as under:
"35. At this juncture, it is necessary to clear some misconceptions about the RTI Act. The RTI Act provides access to all information that is available and existing.........A public authority is also not required to furnish information which require drawing of inferences and/or making of assumptions. 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, 12 guidance and opinion to the citizens. But that is purely voluntary and should not be confused with any obligation under the RTI Act." (Emphasis Supplied) Similarly, in the matter of Khanapuram Gandaiah vs Administrative Officer &Ors. [SLP (CIVIL) NO.34868 OF 2009], the Hon'ble Supreme Court held as under:
"7....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...." (Emphasis Supplied) And, in the matter of Dr. Celsa Pinto, Ex-Officio Joint Secretary, (School Education) vs. The Goa State Information Commission [2008 (110) Bom L R 1238], the Hon'ble Bombay High Court held as under:
"..... In the first place, the Commission ought to have noticed that the Act confers on the citizen the right to information. Information has been defined by Section 2(f) as follows.
Section 2(f) -Information means any material in any form, including records, documents, memos e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, 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;
The definition cannot include within its fold answers to the question why which would be the same thing as asking the reason for a justification for a particular thing. The Public Information Authorities cannot expect to communicate to the citizen the reason why a certain thing was done or not done in the sense of a justification because the citizen makes a requisition about information. Justifications are matter within the domain of 13 adjudicating authorities and cannot properly be classified as information."
(Emphasis Supplied Moreover, the issue flagged by the Appellant during hearing is a matter of grievance which is outside the mandate of RTI Act. Here, a reference may be had of a judgment of the Hon'ble High Court of Delhi in the matter of Hansi Rawat and Anr. v. Punjab National Bank and Ors. (LPA No.785/2012) dated 11.01.2013 wherein it has been held as under:
"6. The proceedings under the RTI Act do not entail detailed adjudication of the said aspects. The dispute relating to dismissal of the appellant No.2 LPA No.785/2012 from the employment of the respondent Bank is admittedly pending consideration before the appropriate fora. The purport of the RTI Act is to enable the appellants to effectively pursue the said dispute. The question, as to what inference if any is to be drawn from the response of the PIO of the respondent Bank to the RTI application of the appellants, is to be drawn in the said proceedings and as aforesaid the proceedings under the RTI Act cannot be converted into proceedings for adjudication of disputes as to the correctness of the information furnished."(Emphasis Supplied).
The aforesaid rationale finds resonance in another judgment of the Hon'ble Delhi High Court in the matter of Govt. of NCT of Delhi vs. Rajender Prasad (W.P.[C] 10676/2016) dated 30.11.2017wherein it was held as under:
"6. The CIC has been constituted under Section 12 of the Act and the powers of CIC are delineated under the Act. The CIC being a statutory body has to act strictly within the confines of the Act and is neither required to nor has the jurisdiction to examine any other controversy or disputes."
In this regard, the Commission finds no infirmity in the reply as the same was found to be in consonance with the provisions of RTI Act.
The Appellant is therefore, advised to exercise his right to information in an informed and judicious manner in the future particularly considering the fact 14 that the Appellant is a serving senior level scientist under the same Public Authority.
The above-mentioned second appeals are disposed of accordingly.
Vinod Kumar Tiwari (विनोद कुमार वििारी) Information Commissioner (सूचना आयुक्त) Authenticated true copy (अनिप्रमानणर् सत्यानपर् प्रनर्) (R K Rao) Dy. Registrar 011- 26181827 Date 02-02-2024 15