Central Information Commission
K Balakrishnan vs Ministry Of Youth Affairs & Sports on 16 May, 2025
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
File No: CIC/MOYAS/A/2024/100133
K Balakrishnan .....अपीलकर्ाग /Appellant
VERSUS
बनाम
CPIO,
All India Chess Federation,
Hall No.70, JLN Stadium,
Periamet, Chennai - 600003 ....प्रनर्वािीगण /Respondent
Date of Hearing : 08.05.2025
Date of Decision : 15.05.2025
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 03.06.2023
CPIO replied on : 07.08.2023
First appeal filed on : 15.11.2023
First Appellate Authority's order : 06.12.2023
2nd Appeal/Complaint dated : 01.01.2024
Information sought:
1. The Appellant filed an RTI application (offline) 03.06.2023 seeking the following information:
"1. Has the All-India Chess Federation received any financial assistance form Central Government or any other Government agencies, Sport Page 1 of 4 Authority of India for the last three years 2020, 2021 and 2022 year wise amount.
2. What is the purpose on given financial assistance for the All-India Chess Federation and the Chess Association Kerala per year Amount last three years.
3. What are the actions are taken on the letter sent in related to the formation of the Kerala State Sports Council Ad-hoc Committee to the All-India Chess Federation- letter no 1909/1/20168/KSSC-dated 24.06.2022.
4. In the report submitted by the Chess Association Kerala General Secretary Sh. V. N. Viswanathan to the Hon'ble Kerala State Information Commission it has been stated that Chess Association Kerala is a private entity. So, it is a correct method that AICF gives a certain portion of Rs. 250/- (Rupees Two Hundred and fifty only) which is the annual membership fees collected from the chess players of the Kerala State to the Chess Association Kerala (for conducting the Selection Chess Championship) (letter dated 18/11/2022 case no. AP 1397/5-SIC file no. 12743/SIC/G7/2022 dated 02.11.2022) enclosed.
5. The list of Name and Address of Executive Committee Members of Chess Association of Calicut, which comes under Chess Association Kerala."
2. The CPIO furnished a reply to the Appellant on 07.08.2023 stating as under:
"(A) Answer to Question No. 1:
AICF Annual report and audited statements of accounts are available on the website (aicf.in) (B) Answer to question no 2,3 & 4:
Under RTI that the reference to 'opinion' or 'advice' in the definition of 'information' in section 2(f) of the RTI Act, 2005 refers only to such material available in the records of the public authority. But the information sought by you is purely in the form of opinion/clarification and does not fall within the definition of Section 2(f) of the RTI Act, 2005. Please also refer para 9 of OM 1/4/2008-IR.GOI/Min. Personnel dated 25th April 2008 which states:
"Only such information is required to be supplied under the Act which already exists and is held by the public authority or held under the control of the public authority. It is not required under the Act to create Page 2 of 4 information or to interpret information or to solve the problems raised by the applicants or to furnish replies to hypothetical questions."
(C) Answer to question No:5:
Data is available on their websites a, www.chessassociationmalappuram.com b.ww.allkozhikodechessassociation.com c.www.chessassociationofwayand.com"
3. Being dissatisfied, the Appellant filed a First Appeal dated 15.11.2023. The FAA vide its order dated 06.12.2023, held as under.
"i. Information requested at Serial No. 1 and No. 2 of your Application dt. 03.06.2023/03.07.2023 has been provided under Para (A) of the Reply dt. 07.08.2023.
ii. Information requested at Serial Nos. 3-4 of your Application dt. 03.06.2023/03.07.2023 is not covered under the RTI act 2005, as has been elaborated in Para (B) of the Reply dt. 07.08.2023. iii. Information requested at Serial Nos. 5 of your Application dt. 03.06.2023/03.07.2023 is not part of our records and same is not available with us."
4. Feeling aggrieved and dissatisfied, Appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Absent Respondent: Adv. Preetpal Singh appeared on behalf of the Respondent CPIO in person.
5. The Appellant vide his written submission dated 08.05.2025 submitted that he was not satisfied with the replies given by the Respondents. He also prayed for directions to provide the complete information and requested to take necessary action as per the provisions of the RTI Act.
6. Adv. Preetpal Singh appeared on behalf of the Respondent CPIO inter alia submitted that the present office bearers were not fully aware of the facts, as certain records had reportedly been misplaced by the outgone elected Page 3 of 4 office bearers. He assured the Commission that the Respondent would now provide a revised reply within one week and also apologized for the inconvenience caused to the Appellant.
Decision:
7. The Commission after adverting to the facts and circumstances of the case, hearing the counsel of the Respondent and perusal of the records, noted that point-wise replies have been given by the Respondents vide letters dated 07.08.2023 and 06.12.2023. The Respondent has voluntarily undertaken to provide a revised and complete reply to the Appellant within one week. Accordingly, the Respondent CPIO is directed to provide a revised point-wise information/reply to the Appellant strictly in accordance with the provisions of the RTI Act, within a week from the date of receipt of this order.
8. The FAA to ensure compliance of this order.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (विनोद कुमार वििारी) Information Commissioner (सूचना आयुक्त) Authenticated true copy (अनिप्रमानणर् सत्यानपर् प्रनर्) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:
The FAA All India Chess Federation, Hall No.70, JLN Stadium, Periamet, Chennai - 600003 Page 4 of 4 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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