Central Information Commission
Shaji M K vs Department Of Personnel & Training on 30 June, 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/2024/626262
Shaji M K ... अपीलकता/Appellant
VERSUS
बनाम
CPIO: Department of
Personnel & Training, ... ितवादीगण/Respondent
New Delhi
Relevant dates emerging from the appeal:
RTI : 09.05.2024 FA : 09.06.2024 SA : 19.06.2024
CPIO : 30.05.2024 FAO : 18.06.2024 Hearing : 11.06.2025
Date of Decision: 30.06.2025
CORAM:
Hon'ble Commissioner
_ANANDI RAMALINGAM
ORDER
1. The Appellant filed an RTI application dated 09.05.2024 with the Department of Legal Affairs seeking the following information:
1. Please provide a certified copy of entire Section 8 of the Right to Information Act, 2005, pursuant to the amendment brought in through Section 44 (3) of the Digital Personal Data Protection Act, 2005.
2. The CPIO, Department of Legal Affairs, vide online communication dated 13.05.2024, transferred the RTI application to the Department of Personnel & Training (DoPT).Page 1 of 3
3. Upon receipt of the application, the CPIO, DoPT, vide online reply dated 30.05.2024, responded as follow :-
"The information available with the answering CPIO is as under:- Copy of the updated 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. No information regarding notification of date of enforcement of the Digital Personal Data Protection Act is available with the answering CPIO. Further, your application has also been transferred to Ministry of Electronics and Information Technology as the Digital Personal Data Protection Act is related to them. 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 PIO 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 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 09.06.2024. The FAA vide order dated 18.06.2024 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 19.06.2024.
5. The appellant remained absent and on behalf of the respondent, Dilip Kumar Jha, Under Secretary along with Bikesh Kumar Barnawal, SO, appeared in person.
6. The respondents reiterated the contents of their earlier response dated 30.05.2024 and submitted that the information sought by the appellant is already available in the public domain, and the relevant link has been duly provided.
7. The Commission after adverting to the facts and circumstances of the case, hearing the respondent and perusal of records, notes that the written submissions of the appellant dated 01.06.2025 have been duly taken on record. It further observes that the CPIO has Page 2 of 3 provided a response to the RTI application that is in accordance with the provisions of the RTI Act. The Commission finds no infirmity in the response that would necessitate its intervention. 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: 30.06.2025 Authenticated true copy O. P. Pokhriyal (ओ. पी. पोख रयाल) Dy. Registrar (उप पंजीयक) 011-26180514 Addresses of the parties:
1 The CPIO Department of Personnel & |Training, RTI Cell, North Block, New Delhi - 110001 2 Shaji M K Page 3 of 3 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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