Central Information Commission
Krishan Kumar vs Maulana Azad Institute Of Dental ... on 8 January, 2025
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File Nos.: CIC/MAIDS/A/2023/642756
CIC/MAIDS/A/2023/642776
CIC/MAIDS/A/2023/642784
CIC/MAIDS/A/2023/642795
Krishan Kumar .....अपीलकता/Appellant
VERSUS
बनाम
PIO,
Maulana Azad Institute of
Dental Sciences, MAMC
Complex, Bahadur Shah Zafar
Marg New Delhi - 110002 .... ितवादीगण /Respondent
Date of Hearing : 27.12.2024
Date of Decision : 07.01.2025
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.
CIC/MAIDS/A/2023/642756
Relevant facts emerging from appeal:
RTI application filed on : 21.07.2023
CPIO replied on : 08.08.2023
First appeal filed on : 12.08.2023
First Appellate Authority's order : 01.09.2023
2nd Appeal/Complaint dated : NIL
Page 1 of 10
Information sought:
The Appellant filed an RTI application dated 21.07.2023 (offline) seeking the following information:
"1. Provide me the No. of sanction posts of Senior Nursing Officer in Maulana Azad Institute of Dental Sciences.
2. Provide me information that how many posts of Senior Nursing Officer are Vacant as on 21.07.2023.
3. Provide me that how many Senior Nursing Officer of M.A.I.D.S. cadre are working in M.A.I.D.S.
4. Provide me the name of Senior Most, Senior Nursing Officer of M.A.I.D.S. as per seniority list.
5. Provide me the name of Senior Most Nursing Officer of M.A.I.D.S. as per seniority list.
6. Provide me information that any proposal for promotion of M.A.I.D.S. cadre Nursing Officer to the post of Senior Nursing Officer is under process."
The CPIO furnished a point-wise reply to the Appellant on 08.08.2023 stating as under:
"1 05 posts of Senior Nursing Officer are sanctioned in MAIDS.
2 No posts of Sr. Nursing Officer is vacant in MAIDS.
3 01 Sr. Nursing Officer of MAIDS cadre is working in MAIDS.
4 & 5 Information cannot be provided under Section 8 (1) (j) of the RTI Act 2005 being personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the Appellate Authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information."
Being dissatisfied, the appellant filed a First Appeal dated 12.08.2023. The FAA vide its order dated 01.09.2023, held as under:
"The appellant vide his RTI application dt. 21.07.2023 has sought information on 06 points and has appealed that "Information provided in the reply of the above said R.T.I. is incomplete. It seems P.I.O wants to Page 2 of 10 hide the facts. There is no violation of Section 8(1) (j). So you are requested to provide me the complete information."
I have gone through the records and the grounds of appeal in the First Appeal. The information of RTI application ID No. 797 dt. 21.07.2023 in respect to Point No. 1, 2, 3, 4, 5 and 6 is duly provided by the PIO as per the RTI Act, 2005. Further, the personal information of staff like Names, etc. are third party information which could cause unwarranted invasion of the privacy of the individual. The same cannot be provided to the appellant.
The appeal is disposed off accordingly."
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
CIC/MAIDS/A/2023/642776 Relevant facts emerging from appeal:
RTI application filed on : 12.07.2023 CPIO replied on : 08.08.2023 First appeal filed on : 12.08.2023
First Appellate Authority's order : 01.09.2023 2nd Appeal/Complaint dated : NIL Information sought:
The Appellant filed an RTI application dated 12.07.2023 (offline) seeking the following information:
"1. Provide me information that how many Senior Nursing Officer of Health & Family Welfare Dept., GNCTD are working in M.A.I.D.S.
2. Provide me information that how many Nursing Personal are on deemed deputation in M.A.I.D.S. from Health & Family Welfare Dept., GNCTD.
3. Provide me the copy of requisition dated 17/08/2007 of the Maulana Azad Institute of Dental Sciences sent to D.S.S.S.B. for recruitment of staff in M.A.I.D.S. Page 3 of 10
4. Provide me the copy of Advt. No. 01/2008 published in the employment news edition dated 07-13 June, 2008 with closing date of receipt of application as 10/07/2008.
5. Maulana Azad Institute of Dental Sciences is an autonomous institute provide the copy of order/circular by which it is declared an autonomous institute."
The CPIO furnished a point-wise reply to the Appellant on 08.08.2023 stating as under:
"1 04 Sr. Nursing Officer are working in MAIDS from H&FW Deptt..
2 04 Sr. Nursing Officer and 06 Nursing officer are on deemed deputation in MAIDS from H&FW Deptt.
3 Old record is not traceable. Information cannot be provided.
4 No such information available with MAIDS.
5 Copy of Gazette Notification can be obtained at the payment of Rs. 6 for 3 pages at the rate of Rs. 2 per page."
Being dissatisfied, the appellant filed a First Appeal dated 12.08.2023. The FAA vide its order dated 01.09.2023, held as under:
"The appellant vide his RTI application dt. 21.07.2023 has sought information on 05 points and is now raising appeal on reply to point no. 3 in this Appeal. The appellant has stated that:
"Information provided in the reply of Point No. 3 of the above said R.T.I. is incomplete. It seems PIO does not want to provide the information to the applicant. So, you are requested to provide me the complete information."
I have gone through the records and the grounds of appeal in the First Appeal. The information of RTI application ID No. 743 dt. 21.07.2023 in respect to Point No. 3 is regarding copy of requisition dated 17.08.2007 of this institute which was sent to DSSSB for recruitment of staff in MAIDS. The PIO has stated that "Old record is not traceable. Information cannot be provided." I find that the information requested is about 16 Page 4 of 10 years old which is not traceable in the department. Hence, information cannot be provided.
The appeal is disposed off accordingly."
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
CIC/MAIDS/A/2023/642784 Relevant facts emerging from appeal:
RTI application filed on : 24.07.2023 CPIO replied on : 08.08.2023 First appeal filed on : 12.08.2023
First Appellate Authority's order : 01.09.2023 2nd Appeal/Complaint dated : NIL Information sought:
The Appellant filed an RTI application dated 24.07.2023 (offline) seeking the following information:
"1. Provide me the copy of Gazette Notification of establishment of Maulana Azad Institute of Dental Sciences/MADC&H.
2. Provide me the Name, Designation, Office Address, official e-mail address of the Governing Council of Maulana Azad Institute of Dental Sciences."
The CPIO furnished a point-wise reply to the Appellant on 08.08.2023 stating as under:
"1 Copy of Gazette Notification can be obtained at the payment of Rs. 6 for 3 pages at the rate of Rs. 2 per page.
2 The requested information is available at https://www.maids.ac.in/Righttoinformation.html. Rest of the Information related to name, designation, office address, official e-mail address cannot be provided under Section 8 (1) (j) of the RTI Act 2005 being personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the Page 5 of 10 Appellate Authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information."
Being dissatisfied, the appellant filed a First Appeal dated 12.08.2023. The FAA vide its order dated 01.09.2023, held as under:
"The appellant vide his RTI application dt. 26.07.2023 has sought information on 04 points and has appealed that "Information provided in the reply of the above said R.T.I. is incomplete and false. It seems P.I.O. wants to hide the facts and mislead the applicant. So you are requested to provide me the complete information."
I have gone through the records and the grounds of appeal in the First Appeal. The information of RTI application ID No. 800 dt. 26.07.2023 is provided by the PIO as per the RTI Act, 2005. Further, the appellant has not produced any evidence to substantiate the claims that PIO has provided incomplete and false information. No further action is required.
The appeal is disposed off accordingly."
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
CIC/MAIDS/A/2023/642795 Relevant facts emerging from appeal:
RTI application filed on : 24.07.2023 CPIO replied on : 08.08.2023 First appeal filed on : 12.08.2023
First Appellate Authority's order : 01.09.2023 2nd Appeal/Complaint dated : NIL Information sought:
The Appellant filed an RTI application dated 24.07.2023 (offline) seeking the following information:
"1. Provide information that how many sanctioned posts of Senior Nursing Officer in Maulana Azad Institute of Dental Sciences.
2. Provide information that how many posts of senior nursing officer in Maulana Azad Institute of Dental Sciences are for departmental promotion for the promotion of Nursing Officer of M.A.I.D.S. Page 6 of 10
3. Provide information that how many posts (category-wise- General/OBC/SC/ST) of senior nursing officer in Maulana Azad Institute of Dental Sciences are for departmental promotion for the promotion of Nursing Officer of M.A.I.D.S.
4. Provide information that how many posts of senior nursing officer in Maulana Azad Institute of Dental Sciences are for direct recruitment."
The CPIO furnished a reply to the Appellant on 08.08.2023 stating as under:
"1 Sanctioned Post for Senior Nursing Officer is 05 2 As per RRs all 05 posts are to be filled by "Promotion failing which by direct recruitment".
3 No such information available.
4 As per RRs all 05 posts are to be filled by "Promotion failing which by direct recruitment"."
Being dissatisfied, the appellant filed a First Appeal dated 12.08.2023. The FAA vide its order dated 01.09.2023, held as under:
"The appellant vide his RTI application dt. 26.07.2023 has sought information on 04 points and has appealed that "Information provided in the reply of the above said R.T.I. is incomplete and false. It seems P.I.O. wants to hide tire facts and mislead the applicant. So you are requested to provide me the complete information."
I have gone through the records and the grounds of appeal in the First Appeal. The information of RTI application ID No. 800 dt. 26.07.2023 is provided by the PIO as per the RTI Act, 2005. Further, the appellant has not produced any evidence to substantiate the claims that PIO has provided incomplete and false information. No further action is required.
The appeal is disposed off accordingly."
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
Page 7 of 10The following were present:-
Appellant: Not Present.
Respondent: Shri H.M. Kanoo, Section Officer & APIO and Shri Pradeep Kumar Rahi, DA present in person.
Written submissions of the Respondent are taken on record.
The Respondent while defending the above-mentioned cases inter-alia submitted that complete point-wise reply/information, as per the documents available on their record has been provided to the Appellant vide their letters all dated 08.08.2023.
Upon being queried by the Commission, the Respondent has informed that the Appellant is not an employee of Respondent Public Authority.
Decision:
The Commission after adverting to the facts and circumstances of the case, hearing the Respondent and perusal of the records, observes that the Appellant in his second appeals is aggrieved that complete information has not been provided to him by the Respondent.
With respect to file No. CIC/MAIDS/A/2023/642756, the Appellant in his second appeal is aggrieved that information on point Nos. 4 and 5 of the RTI application has not been provided to him by the Respondent. The Commission observes that the Appellant has sought specific information regarding seniority list but the Respondent denied disclosure under Section 8(1)(j) of the RTI Act, which is not sustainable in the present case. The Commission is of the view that there should be an upfront suo-moto disclosure of seniority list on the Public Authority's website, as the same cannot be treated as personal information of third party.
Accordingly, the Respondent is directed to disclose such information as sought on point Nos. 4 and 5 of the RTI application after redacting date of birth of employees upfront in public domain in compliance with provisions of Section 4 of the RTI Act, 2005 where any person can access the information on website. This will also relieve the public authority from the burden of RTI Applications Page 8 of 10 which are filed for merely seeking such information, within a period of four weeks from the date of receipt of this order.
With respect to file No. CIC/MAIDS/A/2023/642776, the Appellant in his second appeal is aggrieved that information on point No. 3 of the RTI application has not been provided to him by the Respondent. The Commission observes that factual position in the matter, as per the documents available on their record has been provided to the Appellant as per his RTI application.
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 is not expected to create information as per the desire of the Appellant. The PIO can only provide information which is readily available in their records.
In this regard, the Commission finds no infirmity in the reply and the same was found to be in consonance with the provisions of RTI Act.
With respect to file No. CIC/MAIDS/A/2023/642784, the Appellant in his second appeal is aggrieved that information on point No. 2 of the RTI application has not been provided to him by the Respondent. The Commission observes that the Appellant has sought specific information on point No. 2 of the RTI application regarding Name, Designation, Office Address, official e-mail address of the Governing Council of Maulana Azad Institute of Dental Sciences" but the Respondent had denied disclosure of the same under Section 8(1)(j) of the RTI Act which is not sustainable in the present case. The Commission is of the view that there should be an upfront suo-moto disclosure of such information on the Public Authority's website, as the same cannot be treated as personal information of third party.
Accordingly, the Respondent is directed to disclose such information as sought on point No. 3 of the RTI application in compliance with provisions of Section 4 of the RTI Act, 2005 where any person can access the information on website. This will also relieve the public authority from the burden of RTI Applications which are filed for merely seeking such information, within a period of four weeks from the date of receipt of this order.Page 9 of 10
With respect to file No. CIC/MAIDS/A/2023/642795, the Appellant in his second appeal is aggrieved that information on point Nos. 2 and 4 of the RTI application has not been provided to him by the Respondent. The Commission observes that factual position in the matter, as per the documents available on their record has been provided to the Appellant as per his RTI application.
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 is not expected to create information as per the desire of the Appellant. The PIO can only provide information which is readily available in their records.
In this regard, the Commission finds no infirmity in the reply and the same was found to be in consonance with the provisions of RTI Act.
The above-mentioned second appeals are disposed of accordingly.
Vinod Kumar Tiwari (िवनोद कुमार ितवारी) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स!ािपत ित) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:
The FAA, Maulana Azad Institute of Dental Sciences, MAMC Complex, Bahadur Shah Zafar Marg New Delhi - 110002 Page 10 of 10 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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