Central Information Commission
Sunial Pani vs Ministry Of Home Affairs on 25 October, 2022
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई द ली,
ली New Delhi - 110067
ि तीय अपील सं या / Second Appeal No. CIC/MHOME/A/2021/641255
CIC/MHOME/A/2021/641259
Shri Sunial Pani ... अपीलकता /Appellant
VERSUS/बनाम
PIO ... ितवादीगण /Respondent
Ministry of Home Affairs
FCRA-II Section
Date of Hearing : 21.10.2022
Date of Decision : 25.10.2022
Chief Information Commissioner : Shri Y. K. Sinha
Relevant facts emerging from appeal:
Since both the parties are same, the above mentioned cases are clubbed
together for hearing and disposal.
Case RTI Filed CPIO reply First appeal FAO 2nd Appeal
No. on received on
641255 08.06.2021 16.07.2021 23.07.2021 - 08.09.2021
641259 08.06.2021 16.07.2021 23.07.2021 - 08.09.2021
Information soughtand background of the case:
(1) CIC/MHOME/A/2021/641255 The Appellant filed an RTI application dated 08.06.2021 seeking information on following 02 points:-
I want the following information (point 1 and 2 below) to my email [email protected].
The NGO or VO about which I am asking is Utkal Baptist Churches Association having unique id OR/2018/0214180, registration number 7404/403 dated Dec 5, 1973 and FCRA registration number is 104910012 according to the official web page of NITI Ayog.
I want the following items in electronic form (softcopy). In case any item is not available, please mention that that is not available. For example, if data not available for FY 2020-2021, then mention not available specifying the financial year.Page 1 of 4
In purpose column in source of funds category, UBCA mentioned that, its money is spent on adult and literacy programme for the financial year 2016-2017. So, in order to expose their lies I want the following.
(1) Names of adult Homes or adult care centres or adult teaching centres with names of the places where these centres are located (2) Financial year wise names of the places or villages with date where adult literacy programmes held.
FY 2011-2012 FY 2012-2013 FY 2013-2014 FY 2014-2015 FY 2015-2016 FY 2016-2017 FY 2017-2018 FY 2018-2019 FY 2019-2020 FY 2020-2021 The CPIO /Dy. Secretary, FCRA-II, Section, MHA vide letter dated 16.07.2021 replied as under:-
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 23.07.2021 which was not adjudicated by the FAA as per available records.
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
(2) CIC/MHOME/A/2021/641259 The Appellant filed an RTI application dated 08.06.2021 seeking information on following 02 points:-
I want the following information (point 1 to 5 below) to my email [email protected]. Since, I do not ask hard copies please do not ask money for the information considering the fact that, except the pic or soft copy of the first item (registration certificate) all the other four items come just four lines.
The NGO or VO about which I am asking is Utkal Baptist Churches Association having unique id OR/2018/0214180, registration number 7404/403 dated Dec 5, 1973 and FCRA registration number is 104910012 according to the official web page of NITI Ayog.Page 2 of 4
My next application will ask UBCA the dates and names of the villages/places where they did social work and adult literacy and later on names of the beneficiaries to expose the corruptions of the office bearers and other people concerned.
However, in this application I want the following items in electronic form (softcopy). In case any item is not available, please mention that that is not available. For example, if source of funds for the FY 2020-2021 is not available, then mention not available specifying the item.
(1) Softcopy of Registration Certificate (2) Mention just the source of funds for the financial year 2017-2018 with amount (3) Mention just the source of funds for the financial year 2018-2019 with amount (4) Mention just the source of funds for the financial year 2019-2020 with amount (5) Mention just the source of funds for the financial year 2020-2021 with amount The CPIO /Dy. Secretary, FCRA-II, Section, MHA vide letter dated 16.07.2021 replied as under:-
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 23.07.2021 which was not adjudicated by the FAA as per available records.
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
The Appellant participated in the hearing through video conference. He stated that the information should be provided since the same can be accessed by the public authority having regulatory control over a private authority as per Section 2(f) of the RTI Act, 2005.
The Respondent represented by Shri Rama Kant Senger, Dy Secretary (FCRA), Foreigners Division, M/o Home Affairs and Shri B C Joshi, FAA and JS (F) participated in the hearing through video conference. Shri Joshi stated that vide Page 3 of 4 order dated 19.09.2021, the first appeals were decided in both the matters whereby a direction was given to the CPIO to re-examine the applications afresh in terms of Section 8 (1) (d), (e) and (j) of the RTI Act, 2005 and provide a suitable reply in terms of the provisions of the Act to the Appellant. On being queried by the Commission, if the order of the FAA was complied with or not, Shri Senger feigned ignorance. However, he stated that vide their written submission dated 20.10.2022, they had provided the latest factual position in the matter wherein for the RTI application under consideration in CIC/MHOME/A/2021/641255 it was stated that the information sought was not available with them. However, for the RTI application under consideration in CIC/MHOME/A/2021/641259, the earlier reply of the CPIO was reiterated and exemption u/s 8 (1) (j) was claimed since the information sought is personal in nature which may cause unwarranted invasion of the privacy of an individual.
Decision:
Keeping in view the facts of the case and the submissions made by both the parties, the Commission observes that as per the provisions of the RTI Act, 2005 only such information that is held and available with a public authority can be provided. Hence, no further intervention is required in Second Appeal No CIC/MHOME/A/2021/641255. However, with regard to Second Appeal No CIC/MHOME/A/2021/641259, the Commission finds that exemption u/s 8 (1) (j) has been incorrectly claimed since the information sought does not pertain to an individual but to an association. Furthermore, no justification is given by the CPIO earlier while claiming exemption u/s 8 (1) (d) and (e). In view of the above, the Commission directs Shri B C Joshi, FAA and JS (F) to re-examine the matter and pass a reasoned speaking order after granting an opportunity of fair hearing to both the parties in Second Appeal No CIC/MHOME/A/2021/641259 by 15.12.2022 under intimation to the Commission.
With the above observations, the instant Second Appeals stand disposed off accordingly.
Y. K. Sinha (वाई.
वाई. के . िस हा) Chief Information Commissioner (मु य सूचना आयु ) Authenticated true copy (अिभ मािणत स ािपत ित) S. K. Chitkara (एस. के . िचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 4 of 4