Central Information Commission
Sudha vs National Commission For Minorities on 25 January, 2024
Author: Heeralal Samariya
Bench: Heeralal Samariya
के न्द्रीय सूचना आयोग
Central Information Commission
बाबागंगनाथमार्ग, मुनिरका
Baba Gangnath Marg, Munirka
नईदिल्ली, New Delhi - 110067
द्वितीय अपील संख्या / Second Appeal No. CIC/NCMIN/A/2022/645261
Smt. Sudha ... अपीलकर्ता/Appellant
VERSUS/बनाम
PIO, National Commission for Minorities ...प्रतिवादीगण /Respondent
Date of Hearing : 25.01.2024
Date of Decision :
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 16.07.2022
PIO replied on : 28.07.2022
First Appeal filed on : 28.07.2022
First Appellate Order on : 16.08.2022
2 Appeal/complaint received on
nd
: 25.08.2022
Information soughtand background of the case:
The Appellant filed an RTI application dated 16.07.2022 seeking information on following points:-
"(1) Copy of the approval received from Chairman/Member of NCM for closure of my CPGRAM grievance MOMAF/E/2020/01378 dt. 18/11/2020.
(2) Copy of all the pages of notesheet pertaining to my CPGRAM grievance MOMAF/E/2020/01378 dt. 18/11/2020.
(3) Copy of the approval received from Chairman/Member of NCM for closure of my CPGRAM grievance MOMAF/E/2022/00496 dt. 03/07/2022.
(4) Copy of all the pages of notesheet pertaining to my CPGRAM grievance MOMAF/E/2022/00496 dt. 03/07/2022.
(5) Copies of the evidences available with NCM regarding illegal construction at Arun Jaitley Stadium & 0/0 Justice Juvenile Board, Firozshah Kotla located in the prohibited zone of ASI.
(6) Copy of the information available with NCM in which it is stated that provisions of AMASR Act are relaxable if there is a need for seating space for ladies & flooring for room of Vice Principal.
(7) Copy of the comments received from Archaeological Survey of India regarding damage to the Jain monument located at Firozshah Kotla by perpetual illegal construction by Roopam D/o Jagdish Gupta.Page 1 of 3
(8) Copy of the evidences available with NCM which confirms that no damage to Jain monument located at Firozshah Kotla has taken place due to illegal construction by Roopam D/o Jagdish Gupta.
(9) Information regarding date of visit by officials of NCM to Jain monument located at Firozshah Kotla to confirm that no damage has taken place due to illegal construction by Roopam D/o Jagdish Gupta.
(10) Copy of the evidences available with NCM which confirms that child pornography is not being conducted in the room constructed by Roopam D/o Jagdish Gupta on the pretext of seating arrangement of ladies.
(11) Copy of the information available with NCM that a complainant of Rajasthan has no locus standi to file a complaint before NCM for protection of Jain monument located at Firozshah Kotla, Delhi.
(12) Copy of the information available with NCM pertaining to confirmation of information about Ashoka Pillar available on Wikipedia & submitted by Roopam D/o Jagdish Gupta in her lame defence."
The CPIO, National Commission for Minorities vide letter dated 28.07.2022 replied as under:-
"1 & 2. Copies attached 3 & 4. No separate copies available as this grievance was merged with earlier grievance dated 18.11.2020
5. No evidence with NCM
6. No information with NCM
7. No comments received by NCM from ASI
8. No evidence with NCM
9. No visit was undertaken by officials of NCM
10. No evidence with NCM 11 & 12 No information with NCM"
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 28.07.2022. The FAA and Jt Secretary, National Commission for Minorities vide order dated 16.08.2022 stated as under:-
"3. Following is the status on your appeal & relief sought:
(a) As per RTI Act additional fee has been prescribed by the Right to Information (Regulation of Fee and Cost) Rules, 2005 for supply of information as given below:
i. rupees two (Rs. 2-) for each page (in A-4 or A-3 size paper) created or copied; ii. actual charge or cost price of a copy in larger size paper, iii. actual cost or price for samples or models:
iv. for inspection or records, no fee for the first hour, and a fee of rupees five (Rs. 5/-) for each subsequent hour (or fraction thereof);
v. for information provided in diskette or floppy rupees fifty (Rs. 50/-) per diskette or floppy; and vi. for information provided in printed form at the price fixed for such publication or rupees two per page of photocopy for extracts from the publication.Page 2 of 3
Thus, there is no mention that no charges can be levied for supplying scanned copies of documents. Further you did not ask for certified copies as can be seen from RTI Application.
(b) No false information was given. Only the fact was submitted. It may be seen that in your CPGRAM grievance dated 03.07.2022 you have enclosed copies of communications of ASI for illegal and unauthorised construction in the prohibited area of Kotla Feroz Shah.
Since ASI has already taken action in the matter NCM has no role whatsoever. Further, there is no minority angle in the matter. Thus no further action was required in the matter."
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
Appellant: Represented by Shri V K Jain through audio conference Respondent: Shri Suman Kumar, CPIO The Appellant's representative stated that certified copy of the documents requested in the RTI application was not provided.
Shri Suman Kumar stated that point wise information as per available records including relevant notesheets was provided to the Appellant. The notesheets contained the e-office details including the name of the officer generating the notesheet and timestamp of generation which lends authenticity to the documents.
Decision:
Keeping in view the facts of the case and the submissions made by both the parties, the Commission is of the view that an appropriate response as per the provisions of the RTI Act, 2005 has been provided by the Respondent. Hence, no further intervention of the Commission is required in the instant matter.
With the above observation, the instant Second Appeal stands disposed off accordingly.
Heeralal Samariya (हीरालाल सामरिया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अभिप्रमाणित सत्यापित प्रति) S. K. Chitkara (एस. के . चिटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 3 of 3