R K Sharma vs Ministry Of Youth Affairs & Sports on 1 May, 2023

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Central Information Commission

R K Sharma vs Ministry Of Youth Affairs & Sports on 1 May, 2023

Bench: Vanaja N Sarna

                            क   ीय सुचना आयोग
                    CENTRAL INFORMATION COMMISSION
                               बाबा गंगनाथ माग
                            Baba Gangnath Marg
                        मुिनरका,
                           नरका नई द ली - 110067
                        Munirka, New Delhi-110067

                                      File no.: CIC/MOYAS/A/2021/154753/C
In the matter of
R K Sharma
                                                               ... Complainant
                                      VS
CPIO / Under Secretary
Ministry of Youth Affairs & Sports,
Department of Youth Affairs,
NPYAD Section, Shastri Bhawan,
New Delhi - 110001
                                                               ... Respondent

RTI application filed on          :   12/07/2021
CPIO replied on                   :   13/08/2021
First appeal filed on             :   18/08/2021

First Appellate Authority order : 02/09/2021 Complaint filed on : 16/12/2021 Date of Hearing : 01/05/2023 Date of Decision : 01/05/2023 The following were present:

Complainant: Not present Respondent: Pankaj Dhamija, Under Secretary and CPIO, present over VC Information Sought:

The Complainant has sought the following information regarding Tenzing Norgay National Adventure Awards, 2020:

1 (A). a. Total number of online nominations/applications/recommendations received for this Award 2020 by the Dept of Youth Affairs through its portal.b.

State wise complete list of online nominations/applications/recommendations (name of the applicant, organization / institution nominated/ recommended by) received for this Award 2020 by the Dept of Youth Affairs through its portal.

B. (a) Composition of the Screening Committee (name, designation, represented organization/ institution/ Dept) constituted in the year 2021, by MoYAS, GOI to shortlist the received nominations / applications / recommendations for this Awards 2020.

(b to f) Other related information 2 (A) (a) List of the adventure institutions/ organizations who received financial grants / funds with amount for the financial year 2020-21 to 2021-22 sanctioned and released by the Dept of Youth Affairs, MoYAS, GoI.

(b) and other related information Grounds for Complaint The CPIO did not provide the desired information.

Submissions made by Complainant and Respondent during Hearing:

The complainant was aggrieved over non-receipt of satisfactory information from the then CPIO. He requested the Commission to take strict action against the CPIO for violating the provisions of the RTI Act, 2005. However, he was not present before the Commission to plead his case and the notice sent vide speed post acknowledgment no. ED387470754IN was returned undelivered with remarks "insufficient address".

The CPIO submitted that a suitable reply was given to the complainant vide letter dated 13.08.2021. He read over the contents of the said reply during the hearing. He also submitted a copy of the reply and the FAA's order.

Observations:

Keeping in view the facts of the case, the Commission observed that the complainant had sought for certain information regarding Tenzing Norgay National Adventure Awards 2020. The CPIO vide letter dated 13.08.2021 had given a point-wise reply to the complainant and the FAA had also adjudicated the first appeal of the complainant as per the provisions of the RTI Act, 2005. The CPIO read the contents of the reply and the FA's order. The Commission does not find any infirmity in the response given by the CPIO. Apropos the contents of the complaint, the Commission observed that the instant matter was filed under Section 18 of the RTI Act, 2005 where the 2 Commission was only required to ascertain if the information has been denied with a malafide intent or due to an unreasonable cause or under any other clause of Section-18. Since records of the case do not indicate any such deliberate denial or concealment of information on the part of the CPIO, the Commission concluded that there was no cause of action which would necessitate action under the provisions of the Section 20(1) of the RTI Act, 2005.

Decision:

For all the reasons recorded above, no adverse action against the CPIO is warranted under the provisions of the Section-18 of the RTI Act, 2005. The complaint is disposed of accordingly.

वनजा एन.

Vanaja N. Sarna (वनजा एन सरना) सरना सूचना आयु ) Information Commissioner (सू Authenticated true copy (अिभ मािणत स यािपत ित) A.K. Assija (ऐ.के . असीजा) Dy. Registrar (उप-पंजीयक) 011- 26182594 / दनांक / Date 3

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