Central Information Commission
Mrr K Jain vs Central Information Commission on 17 November, 2014
CENTRAL INFORMATION COMMISSION
ROOM NO. 329, SECOND FLOOR, C-WING
August Kranti Bhawan, Bhikaji Cama Place,
New Delhi-110066
Tel. No. 91-11-26717356
F.No. CIC/LS/A/2013/001650-YA
Date of Hearing : 05.11.2014
Date of Decision : 17.11.2014
Appellant : Shri R.K. Jain
New Delhi
Respondent : Shri M.K. Sharma, Registrar
Shri Raghubir Singh, Dy. Registrar/CR
Shri R.L. Gulati, DO to IC(MP)
Shri K.L. Das, DO to IC(KY)
Shri Babu Lal, DO to IC(SA)
Shri V.K. Sharma, DO to IC(VS)
Shri D.C. Singh, DO to ex-CIC(RM)
Shri Vijay Bhalla, DO to IC(SH)
Central Information Commission
New Delhi
Information Commissioner : Shri Yashovardhan Azad
Relevant fact emerging from appeal:
RTI Application filed on : 04.03.2013
PIO replied on : 11.03.2013
First Appeal filed on : 10.04.2013
First Appellate Authority (FAA) order on : 16.05.2013
Second Appeal received on : 02.07.2013
Information sought:
The appellant sought information regarding details about the criteria for listing of appeals/complaints by different ICs, instructions/circulars issued in this regard and list of cases/appeals that are listed out of turn before different ICs along with copies of order of the same.
Relevant facts emerging during hearing:
Both parties are present. The appellant had filed an RTI application on 04.03.2013, seeking the above information. Nodal CPIO & Director in his reply stated that there is no information available for the listing of out of turn cases and for criteria of listing cases, directed him towards the minutes of meeting dt. 13.12.2011. The FAA in his order directed Nodal CPIO to provide additional information as available in his record on Point 1. CPIO vide letter dt. 07.06.2013 informed the appellant that there is no further information available on record regarding listing of appeals/complaints in various registeries.
The appellant stated that instead of providing proper information on Point 1, CPIO merely provided him a copy of minutes of the meeting. Moreover, the FAA in its order recorded that the CPIO and the appellant were heard separately. He stated that the same is against the principles of natural justice. The appellant further stated that the FAA failed to appreciate that the CPIO had provided incorrect information as the CIC website while making voluntary disclosure under section 4 of the RTI Act has clearly stated that the appeals/complaints are generally to be taken up for hearing on first-come-first-serve basis. Thus, there has to be a system for according priority to a case and while according priority to case, a judicial order needs to be passed by the Commission. Further, the appellant argued that information on Point 2 was denied to him stating that information is not maintained. He stated that Section 2(f) refers to information 'held by' the public authority and not 'maintained' by them, therefore, the information was held by CIC but not provided.
The appellant stated that his only concern is that all cases should be heard in chorological order and a general direction be issued to the all registries of the Commission to list cases as per the sequence. He further stated that now no purpose would be served even if he is provided with the information that he sought, therefore, the same need not be provided, but a general direction in this regard needs to be laid down, to be followed by all registries. DO to IC(VS) stated that approval is taken from the Commission whenever priority is accorded to a case.
Decision:
After hearing both parties and on perusal of record, the Commission directs Dy. Registrars of all registries of the Commission to maintain record of cases listed out of turn, if any and display the same in the cause list on the website of the Commission. Registrar, CIC, in coordination with the NIC Dept. is directed to update the software in this regard.
As for the hearing of first appeal in the instant case, the FAA is advised to follow the principles of natural justice and pass speaking orders as per the RTI Act.
The appeal is disposed of accordingly.
(Yashovardhan Azad) Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges prescribed under the Act to the CPIO of this Commission.
(B.D. Harit) Deputy Secretary & Deputy Registrar