Central Information Commission
R. Veeraswamy vs Department Of Personnel & Training on 12 September, 2025
के ीय सूचना आयोग
Central Information Commission
बाबा गं गनाथ माग,मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
ि तीय अपील सं ा / Second Appeal No. CIC/DOP&T/A/2024/641950
R. Veeraswamy ... अपीलकता/Appellant
VERSUS
बनाम
CPIO: M/o. Personnel, Public
Grievances And Pensions, ... ितवादीगण/Respondents
New Delhi
Relevant dates emerging from the appeal:
RTI : 25.07.2024 FA : 30.07.2024 SA : Nil.
CPIO : 30.07.2024 FAO : 29.08.2024 Hearing : 10.09.2025
Date of Decision: 11.09.2025
CORAM:
Hon'ble Commissioner
_ANANDI RAMALINGAM
ORDER
1. The Appellant filed an RTI application dated 25.07.2024 seeking information on the following points:
Notification F.No.1/3/2011 dated 09.06.2011 of the Govt. of India, issued under u/s 24 of the RTI, 2005, putting CBI at Sl.No.23 of the Second Schedule to Right to Information Act, 2005, subject to the provision of Section 24 of the said Act.
1. Kindly confirm that the said notification dated 09.06.2011 of the Govt. of India issued under u/s 24 of the RTI Act, 2005 does not empower CBI to deny to provide the CBI circulars relating to policy decisions.Page 1 of 4
2. Kindly also confirm that the said notification dated 09.06.2011 of the Govt. of India issued under u/s 24 of the RTI Act, 2005 does have effective only from 09.06.2011 and not to the earlier period and deny any information related to CBI to the period prior to 09.06.2011.
2. The CPIO replied vide letter dated 30.07.2024 and the same is reproduced as under :-
"Section 24 of the RTI Act provides that nothing contained in this Act shall apply to the intelligence and security organisations specified in the Second Schedule, being organisations established by the Central Government or any information furnished by such organisations to that Government:
Provided that the information pertaining to the allegations of corruption and human rights violations shall not be excluded under this sub-section:
Provided further that in the case of information sought for is in respect of allegations of violation of human rights, the information shall only be provided after the approval of the Central Information Commission, and notwithstanding anything contained in section 7, such information shall be provided within forty- five days from the date of the receipt of request.
List of exempted organizations under RTI Act, 2005 is available in the Second Schedule to the RTI Act itself which is available in the public domain on the website of this Department. Copy of the RTI Act, 2005 is available on the website of this Department at serial no. 66 at link below: https://dopt.gov-Imp Links-Acts & Rules-RTI Act, 2005.
Furthermore, it may also be noted that under this Act only such information can be supplied which already exists and is held by the Public Authority or held under the control of Public Authority. The Public Information Officer (PlO) is not supposed to create information or to interpret information or to solve the problems raised by the applicants or to furnish to the hypothetical questions. It Page 2 of 4 may also be noted that the Act does not require providing non-existing advice or opinion to an applicant."
3. Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 30.07.2024 alleging that the information provided was incomplete, false and misleading. The FAA vide order dated 29.08.2024 upheld the reply given by the CPIO.
4. Aggrieved with the FAA's order, the Appellant approached the Commission with the instant Second Appeal dated Nil.
5. The appellant attended the hearing through video conference and on behalf of the respondent Mr. Hemant Sharma, Under Secretary, Mr. Bikesh Barnawal, S.O, attended the hearing in-person.
6. The appellant reiterated background of the RTI application and submitted that sought information had not been furnished by the CPIO till date.
7. The respondent while defending their case inter alia submitted that through the queries raised in the RTI application the appellant was seeking clarification, which were not covered within the definition of "information" under Section 2 (f) of the RTI Act. However, the appellant had been informed that the CBI is placed in the Second Schedule of RTI Act 2005 and is exempted u/s 24(1) of the Act.
8. The Commission after adverting to the facts and circumstances of the case, hearing both parties and perusal of records, observes that the appellant has sought clarification and opinion, which do not fall within the definition of "information" as defined under section 2 (f) of the RTI Act and the CPIO vide letter dated 30.07.2024 gave an appropriate reply. In this regard, the attention of the appellant is drawn towards a judgment of the Hon'ble Supreme Court in Central Board of Secondary Education &Anr. vs. Aditya Bandopadhyay & Ors [Civil Appeal No.6454 of 2011] date of judgment 09.08.2011. The following was thus held:
"....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 Page 3 of 4 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......."
9. In view of the above, the Commission finds no scope of intervention in the matter. Accordingly, the appeal is dismissed.
Copy of the decision be provided free of cost to the parties.
Sd/-
(Anandi Ramalingam) (आनंदी रामिलंगम) Information Commissioner (सूचना आयु ) िदनांक/Date: 11.09.2025 Authenticated true copy O. P. Pokhriyal (ओ. पी. पोख रयाल) Dy. Registrar (उप पंजीयक) 011-26180514 Addresses of the parties:
1 The CPIO M/o. Personnel, Public Grievances And Pensions, US & CPIO, (RTI BRANCH), Department Of Personnel & Training, Central Secretariat, North Block, New Delhi -110001 2 R. Veeraswamy Page 4 of 4 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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