Central Information Commission
Akash Kumar Mishra vs Department Of Posts on 9 March, 2023
Author: Heeralal Samariya
Bench: Heeralal Samariya
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग ,मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
नितीय अपील संख्या/Second Appeal No.: CIC/POSTS/A/2022/618811
Akash Kumar Mishra .....अपीलकताग /Appellant
VERSUS/बनाम
Public Information Officer Under RTI,
Senior Superintendent of Post Offices,
Department of Posts-India,
Bhadrak Division, Bhadrak-756100
(Odisha).
Public Information Officer Under RTI,
Assistant Director-(Legal Cell),
Office of the Chief Postmaster General,
Department of Posts-India, Odisha Circle,
Bhubaneswar-751001 (Odisha).
...प्रनतवािीगण/Respondents
Relevant facts emerging from appeal:
RTI application filed on : 17.01.2022
CPIO replied on : 17.02.2022
First appeal filed on : 24.02.2022
First Appellate Authority order : 16.03.2022
Second Appeal received at CIC : 31.03.2022
Date of Hearing : 09.03.2023
Date of Decision : 09.03.2023
सूचना आयुक्त : श्री हीरालाल सामररया
Information Commissioner: Shri Heeralal Samariya
Page 1 of 6
Information sought:
The Appellant sought following information:
• PIO furnished reply, vide letter dated 17.02.2022, as under:
• Dissatisfied with the response received from PIO, Appellant filed First Appeal, vide letter dated 24.02.2022.
• The FAA vide order dated 17.03.2022 held as under:
• Written submission has been received from the CPIO, Bhadrak Division vide letter dated 24.02.2023 as under :Page 2 of 6 Page 3 of 6
Grounds for Second Appeal:
The PIO has not provided correct information to the Appellant.
Relevant Facts emerging during Hearing:
The following were present: -
Appellant: Absent Respondent: Mr. Nakul Behra, Superintendent Post Offices, Bhadrak Division The Respondent reiterated the averments made in their written submission and stated that the information sought at point No. 1 and 2 of the RTI Application has been duly furnished to the Appellant. As regards the information sought at point No. 3 to 5 of the RTI Application, no data has been maintained in their official record in material and same cannot be furnished to the Appellant. He submitted that under RTI Act, the CPIO is not under an obligation to create and collate information which is not available in their record.
Decision:
At the outset, Commission directs the concerned PIO to furnish a copy of their written submission along with annexures, dated 24.02.2023, to the Appellant, free of cost via speed-post and via e-mail, within 07 days from the date of receipt of this order and accordingly, compliance report be sent to the Commission.
Commission has gone through the case records and on the basis of proceedings during hearing observes that under the RTI Act the CPIO can only provide information which is available in the record. Under the RTI Act "information" is defined under Section 2(f) which states:
"information" means any material in any form, including records, documents, memos, e-mails, opinions, ad vices, press releases, circulars, orders, logbooks, contracts, report, 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 Hon'ble Supreme Court in SLP(C) NO. 7526/2009 (CBSE &Anr. Vs. Aditya Bandopadhyay & Ors.) had held that:
"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. This is clear from a combined reading of section 3 and the definitions of 'information' and 'right to information' Page 4 of 6 under clauses (f) and (j) of section 2 of the Act. If a public authority has any information in the form of data or analysed data, or abstracts, or statistics, an applicant may access such information, subject to the exemptions in section 8 of the Act. But where the information sought is not a part of the record of a public authority, and where such information is not required to be maintained under any law or the rules or regulations of the public authority, the Act does not cast an obligation upon the public authority, to collect or collate such non-
available information and then furnish it to an applicant. A public authority is also not required to furnish information which require drawing of inferences and/or making of assumptions..."
Thus, a combined reading of the provisions of the RTI Act, 2005 with the above decision clearly indicates that 'information' as defined in the section 2(f) of the Act, only refers to such material as is already available in the records of the public authority.
Commission deems it expedient to highlight that Hon'ble High Court of Delhi in its judgment dated 04.12.2014 in case of The Registrar, Supreme Court of India vs. Commodore Lokesh K. Batra and Ors. [W.P.(C) No. 6634/2011] has held as under:
"11. Insofar as the question of disclosing information that is not available with the public authority is concerned, the law is now well settled that the Act does not enjoin a public authority to create, collect or collate information that is not available with it. There is no obligation on a public authority to process any information in order to create further information as is sought by an applicant......."
Further, Hon'ble Supreme Court in its decision dated 09.08.2011 in the matter of CBSE & Anr. vs. Aditya Bandopadhyay & ors. (C.A. No. 6454 of 2011) has held as under:
"35......... But where the information sought is not a part of the record of a public authority, and where such information is not required to be maintained under any law or the rules or regulations of the public authority, the Act does not cast an obligation upon the public authority, to collect or collate such non-Page 5 of 6
available information and then furnish it to an applicant..............."
"37. ...The right to information is a cherished right. Information and right to information are intended to be formidable tools in the hands of responsible citizens to fight corruption and to bring in transparency and accountability. The provisions of RTI Act should be enforced strictly and all efforts should be made to bring to light the necessary information under Clause (b) of Section 4(1) of the Act which relates to securing transparency and accountability in the working of public authorities and in discouraging corruption...."
In view of the above, the Commission notes that an appropriate reply has been provided to the appellant by the respondent. Hence, no further intervention of the Commission is required in the matter.
The appeal is disposed of accordingly.
Heeralal Samariya (हीरालाल सामररया) Information Commissioner (सूचना आयुक्त) Authenticated true copy.
(अनिप्रमानणतसत्यानपतप्रनत) Ram Parkash Grover (रामप्रकाशग्रोवर) Dy. Registrar (उप-पंजीयक) 011-26180514 Page 6 of 6