Central Information Commission
Yogender Kumar vs Ministry Of Home Affairs on 5 January, 2024
Author: Heeralal Samariya
Bench: Heeralal Samariya
के ीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमाग , मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीय अपील सं या / Second Appeal No. CIC/MHOME/A/2022/654283
Shri Yogender Kumar ... अपीलकता /Appellant
VERSUS/बनाम
PIO, ... ितवादीगण /Respondent
Ministry of Home Affairs, Disaster Management
Division
Date of Hearing : 05.01.2024
Date of Decision : 05.01.2024
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 20.08.2022
PIO replied on : 24.08.2022
First Appeal filed on : 03.09.2022
First Appellate Order on : 04.10.2022
2ndAppeal/complaint received on : 12.10.2022
Information soughtand background of the case:
The Appellant filed an online RTI application dated 20.08.2022 seeking the following information:-
"1. Has this department( Ministry of Home Affairs), Or its sub department or any expert member/committee of this department suggested PM Narendra Modi to declare social distancing as a prevention from covid-19 transmission between 1 January 20 to 31 may 20.
If yes, provide a copy of communication made between this department and PM/PMO Or minutes of meetings, if held any
2.Has this department or its sub department or any expert member of this department suggested PM Narendra Modi for lockdown as a prevention from covid-19 transmission between 1 January 20 to 31 May 20.
If yes, provide a copy of communication made between this department and PM. Or provide minutes of meetings, if any meeting held.
3. Has this department or its sub department or any expert member of this department suggested PM Narendra Modi to declare use of face Page 1 of 4 mask as a prevention from covid-19 transmission between 1 January 20 to 31 may 20.
If yes, provide a copy of communication made between this department and PM/PMO. Or provide minutes of meetings, if any meeting held.
5. Has this department or its sub- department keep an eye on the situation of Covid-19 virus transmission in India between 01 Nov19 to 22 Mar 20.If yes, provide all such reports or findings on this matter.
6. Has this department or its sub- department contacted to international agencies or any other countries regarding the transmission behaviour of Covid-19 virus or its impact on human body. If yes, provide copy of communication made between them.
7. Has this department or its sub- department received any notification or guidelines from international agencies or any other countries regarding the transmission behaviour of Covid-19 virus or its impact on human body. If yes, provide the communication made between them.
8. Has this department or its sub-department or its team conducted any meetings with PMO or PM Narendra Modi on the situation of Covid- 19 infection/disease between 01 Nov 19 to 23 Mar 20. If yes, provide the minutes of meetings of all such meetings conducted between this period.
9. Has any suggestions or recommendations from this department or its sub department been given to PM Narendra Modi before announcement of phase 1 lockdown in country. If yes, provide copy of such communication made between them.
10. Has PMO or PM Narendra Modi conducted any meetings with this department or is sub department, Or its any expert member or committee before implementing lockdown in the country. If yes, provide minutes of meetings of all such meetings."
The PIO, MHA, vide letter dated 24.08.2022 replied as under:-
"Reply: Your RTI application has been transferred to Ministry/ Department concerned under section 6(3) of RTI Act, 2005. So far as Ministry of Home Affairs is concerned, it is informed that all the orders and the guidelines issued by this Ministry time to time in regard to containment of COVID-19 and related issues are in public domain and available on website www.mha.gov.in and www.ndmindia.mha.gov.in"
Dissatisfied with the response received from the CPIO, The Appellant filed a First Appeal dated 03.09.2022. The FAA/Joint Secretary, MHA, vide order dated 04.10.2022 upheld the reply of the CPIO. The relevant extract whereof is as under:
The undersigned has gone through the records of the matter and found that information sought by the Appellant was closely related Page 2 of 4 to the Department of Health & Family Welfare, National Disaster Management Authority (NDMA) and Indian Council of Medical Research (ICMR), which are separate Public Authorities. Therefore, CPIO has rightly transferred his RTI application along with enclosures to the Department of Health & Family Welfare, NDMA & ICMR, under Section 6(3) of the RTI Act, 2005, on 24.08.2022 and has also given an appropriate reply to the Appellant on the part pertaining to the records available with him. It is mentioned here that, under the provisions of the RTI Act, 2005, only such information as is available and existing and held by the public authority or is under control of the public authority can be provided. Since, an appropriate reply has already been furnished by the CPIO to the Appellant against his RTI Application Registration No. MHOME/R/E/22/03100 dated 20.08.2022, there is no merit in the First Appeal.
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
The following were present:
Appellant: Present Respondent: Mr Ashish Gawan, Director, NDCC-II, MHA The Appellant stated that the relevant information has not been furnished to him till date. He stated that he had sought information relating to file notings of meetings whereby the member/committee of Ministry of Home Affairs suggested PM Narendra Modi to declare social distancing and lockdown and matters relating thereto. He stated that he had specifically sought information with respect to meetings and records of the Ministry of Home Affairs in relation to Covid 19 but his RTI Application has been transferred to Ministry of Health and Family Welfare. He requested to direct the PIO, MHA to furnish the information as sought in his RTI Application.
Mr. Ashish Gawan stated that the information sought by the Appellant was closely related to the Department of Health & Family Welfare, National Disaster Management Authority (NDMA) and Indian Council of Medical Research (ICMR), which are separate Public Authorities. Therefore, the instant RTI application along with enclosures has been transferred to the Department of Health & Family Welfare, NDMA & ICMR, under Section 6(3) of the RTI Act, 2005. He stated no data is available in their official record with respect to queries raised in the instant RTI Application. He stated that information sought in the instant RTI Application do not conform to Section 2(f) of RTI Act as the Appellant has sought clarifications/inferences from the CPIO.Page 3 of 4
Decision:
Keeping in view the facts of the case and the submissions made during hearing, the Commission is of the view that an appropriate response as per the provisions of the RTI Act, 2005 has been provided by the Respondent since only such information that is held and available with a public authority can be provided to the information seekers and giving reasons/ opinions/ interpretations, etc are beyond the scope of duty of the CPIO. Hence, no further intervention of the Commission is required in the instant matter.
Appeal is disposed of accordingly.
Heeralal Samariya (हीरालालसाम रया) Chief Information Commissioner (मु य सूचना आयु ) Authenticated true copy (अिभ मािणत स यािपत ित) S. K. Chitkara (एस. के . िचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 4 of 4