Central Information Commission
Kamal Kumar vs Ut Of Andaman & Nicobar on 9 August, 2024
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
File No: CIC/UTOAN/A/2023/146798
Kamal Kumar .....अपीलकर्ाग /Appellant
VERSUS
बनाम
PIO,
Superintendent of Police (CID)
Andaman & Nicobar Police,
Port Blair - 744101. ....प्रनर्वािीगण /Respondent
Date of Hearing : 06.08.2024
Date of Decision : 08.08.2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 22.05.2023
CPIO replied on : 14.06.2023
First appeal filed on : 19.06.2023
First Appellate Authority's order : 07.08.2023
2nd Appeal/Complaint dated : 01.12.2023
Information sought:
The Appellant filed an RTI application dated 22.05.2023 seeking the following information:
1) Ipso facto Mobile Phone voice call ex facie received from Smti. Jyothi Minj, Head Constable, PS Aberdeen from Mb. No. 9531900064 res gestae threatened us on 08/12/2022. Provide the details cy pres whether mobile Page 1 of 14 number is of Police Department or of Jyothi Minj or of other staffs of PS Aberdeen sine qua non required ad litem.
2) Smti. Jyothi Minj, Head Constable, PS Aberdeen instrumental behind metamorphosing it chronic matter res gestae entered in my premise on many occasions with sheer misdemeanor vigilantism to threatened us;
provide inter alia only the details or certified copy of GD entry, Ravangi Register, Dial 100, suo moto entry, complaint Dairy Number, dated, report generated thereafter by Smti. Jyothi Minj when marked to different officials with name, no. of days of pendency with different officials with name, action taken report in each stages with concerned officials, still pending or disposed, FIR No., GR No., charge sheet filed or not section imposed under Indian Penal Code, 1860 sine qua non required ad litem.
3) Smti. Nandini, Sub Inspector, PS Aberdeen de facto instrumental behind metamorphosing it chronic matter entered with sheer misdemeanor vigilantism in my premise on many occasions to threatened us inter se provide only the details or certified copy of GD entry, Ravangi Register, Dial 100, suo moto entry, complaint Dairy Number, dated, report generated thereafter when marked to different officials with name, no. of days of pendency with different officials with name, action taken report in each stages with concerned officials, still pending or disposed, FIR No., GR No., charge sheet filed or not section imposed under Indian Penal Code, 1860 sine qua non required ad litem.
4) Ubi jus ibi remedium/CCTV camera installed within the premise of PS Aberdeen is ipso facto of citizen taxes and right suppresso veri cannot be denied with provision adumbrated in Right to Information Act, 2005.
5) In view of ut supra axiomatic enunciation provide only details of D. Lavanya Sundari D/o V. J.Dasan R/o Junglighat since 01/01/2021 to till date entered in the PS Aberdeen displayed her infected Indian Street Dogs suffering from various chronic disease; provide only the details displayed for how many hours each day, sold to which officials either with cause or with official purpose in PS Aberdeen, Port Blair as per CCTV footage.
6. Copy of GD entry/ Ravangi Register/Dial 100 dated 11/05/2023 Police Officials entered in my premise whether to murder, abduct my family members consisting of ladies and my teenage girl child or to implicate me in sexual harassment case or to commit sexual harassment against me or against my family or to implicate our family members in other case under the provisions of Indian Penal Code, 1860 consisting of altogether 511 section with various amendment and to further provide the details of section under the provisions of Indian Penal Code, 1860 in which myself and my female family members are detrimental to life and liberty, Page 2 of 14 conjecture to be implicated, therefore as mandated under the provisions of sine qua non sacrosanct right under section 3 of 'Right to Information Act, 2005; as Police Officials res gestae have been consistently entering my residential house as the onus probandi is upon the Police Officials or Public Information Officer discharging the duties of Superintendent of Police, South Andaman also to prove.
7) Provide only the details or certified copy of name of the complainant and accused with parent's name, complaint dairy no., GD Entry no., name, father's name, name of village with address, Mobile No., telephone number, dated, section imposed under Indian Penal Code, 1860; and report generated after that when marked to different officials with name, no. of days of pendency with different officials with name, action taken report, still pending or disposed, FIR No., GR No., charge sheet filed or not who has complained for the minimum numbers and committed minimum numbers of crime within the jurisdiction of the Police Station under Ferrargung and Port Blair Tehsil since 15/08/1947 sine qua non required ad litem.
8) Provide only the details or certified copy of numbers of complaint lodged against D. Lavanya Sundari R/o Junglighat by others and by my family members with parent's name, complaint dairy no., GD Entry no., name, father's name, name of village with address, Mobile No., telephone number, dated, section imposed under Indian Penal Code, 1860; and report generated after that when marked to different officials with name, no. of days of pendency with different officials with name, action taken report, still pending or disposed, FIR No., GR No., charge sheet filed or not within the jurisdiction of the Police Station under Ferrargung and Port Blair Tehsil.
9) Smti. Jyothi Minj, Head Constable, PS Aberdeen how many time entered in nearby locality provide inter alia only the details or certified copy of GD entry, Ravangi Register, Dial 100, suo moto entry, complaint Dairy Number, dated, report generated thereafter when marked to different officials with name, father's name, name of village with address, Mobile No., telephone number, no. of days of pendency with different officials with name, action taken report in each stages with concerned officials, still pending or disposed, FIR No., GR No., charge sheet filed or not section imposed under Indian Penal Code, 1860; since its parturition sine qua non required ad litem.
10) Smti. Nandini, Sub Inspector, PS Aberdeen how many time entered in nearby locality provide inter alia only the details or certified copy of GD entry, Ravangi Register, Dial 100, suo moto entry, complaint Dairy Number, name, father's name, name of village with address, Mobile No., telephone number, dated, report generated thereafter when marked to Page 3 of 14 different officials with name, no. of days of pendency with different officials with name, action taken report in each stages with concerned officials, still pending or disposed, FIR No., GR No., charge sheet filed or not section imposed under Indian Penal Code, 1860 sine qua non required ad litem.
11) Provide only the details or certified copy of numbers of complaint lodged by D. Lavanya Sundari against Smti. Jolly Thomas R/o Dairy Farm and her family members and nearby residents at the time of residing in the tenanted premise at Dairy Farm village with complaint dairy no., GD Entry no., Ravangi Register, Dial 100 dated, name, father's name, name of village with address, Mobile No., telephone number, section imposed under Indian Penal Code, 1860; and report generated after that when marked to different officials with name, no. of days of pendency with different officials with name, action taken report, still pending or disposed, FIR No., GR No., charge sheet filed or not
12) Provide only the details or certified copy of numbers of complaint lodged by D. Lavanya Sundari against Smti. Zeenath Amir W/o Late Amir Mohammed R/o Mohanpura and his family members and nearby residents at the time of residing at Mohanpura in the tenanted premise with name, name of village with address, Mobile No., telephone number, parent's name, GD Entry no., Ravangi Register, Dial 100, complaint Dairy Number, dated, section imposed under Indian Penal Code, 1860; and report generated after that when marked to different officials with name, no. of days of pendency with different officials with name, action taken report, still pending or disposed, FIR No., GR No., charge sheet filed or not.
13) Provide only the details or certified copy of numbers of complaint lodged against D. Lavanya Sundari by Smti. Jolly Thomas R/o Dairy Farm and his family members and nearby residents at the time of residing in the tenanted premise at Dairy Farm village with name, name of village with address, Mobile No., telephone number, parent's name, GD Entry no., Ravangi Register, Dial 100, complaint Dairy Number, dated, imposed under Indian Penal Code, 1860; and report generated after that when marked to different officials with name, no. of days of pendency with different officials with name, action taken report, still pending or disposed, FIR No., GR No., charge sheet filed or not.
14) Provide only the details or certified copy of numbers of complaint lodged against D. Lavanya Sundari by Smti. Zeenath Amir W/o Late Amir Mohammed R/o Mohanpura and his family members and nearby residents at the time of residing in the tenanted premise at Mohanpura with name, name of village with address, Mobile No., telephone number, parent's name, GD Entry no., Ravangi Register, Dial 100, complaint Dairy Page 4 of 14 Number, dated, section imposed under Indian Penal Code, 1860; and report generated after that when marked to different officials with name, no. of days of pendency with different officials with name, action taken report, still pending or disposed, FIR No., GR No., charge sheet filed or not.
15) Provide only the details or certified copy of numbers of complaint lodged by D. Lavanya Sundari against Police Officials and other Government Servants inter alia with name, parent's name, complaint dairy no., GD Entry no.. Ravangi Register, Dial 100, dated, name of village with address, Mobile No., telephone number, section imposed under Indian Penal Code, 1860; and report generated after that when marked to different officials with name, no. of days of pendency with different officials with name, action taken report, still pending or disposed, FIR No., GR No., charge sheet filed or not.
16) Provide only the ipso jure details of relevant provisions of Indian Penal Code, 1860 to deal with the menace of animal attack.
17) Provide only the ipso jure details of relevant provisions of Indian Penal Code, 1860 to deal with selling animals without license and penalty provision.
18. 'Ubi jus ibi rimidium'/Provide probono publica the copy of total numbers of 18) video/audio res gestae prepared by Police Officials or others within and outside my premise suppresso veri cannot be ipso jure denied; sine qua non required stare decisis for ad litem.
19) Shri. Jojo, SHO, PS Aberdeen instrumental behind metamorphosing the matter into chronic one how many time with ulterior causa causan with sheer misdemeanor vigilantism res gestae entered in my premise provide inter alia only the details or certified copy of GD entry, Ravangi Register, Dial 100, suo moto entry, complaint Dairy Number, dated, report generated thereafter when marked to different officials with name, no. of days of pendency with different officials with name, action taken report in each stages with concerned officials, still pending or disposed, FIR No., GR No., charge sheet filed or not section imposed under Indian Penal Code, 1860 sine qua non required ad litem.
20) Shri. Jojo, SHO, PS Aberdeen, PS Aberdeen instrumental behind metamorphosing it into chronic matter, how many time res gestae entered in nearby locality provide inter alia only the details or certified copy of GD entry, Ravangi Register, Dial 100, suo moto entry, complaint Dairy Number, dated, report generated thereafter when marked to different officials with name, no. of days of pendency with different officials with name, action taken report in each stages with concerned officials, still pending or disposed, FIR No., GR No., charge sheet filed or Page 5 of 14 not section imposed under Indian Penal Code, 1860 sine qua non required ad litem.
21). Shri. Inderjit, Sub Inspector, PS Aberdeen how many time entered in my premise provide inter alia only the details or certified copy of GD entry, Ravangi Register, Dial 100, suo moto entry, complaint Dairy Number, dated, report generated thereafter when marked to different officials with name, no. of days of pendency with different officials with name, action taken report in each stages with concerned officials, still pending or disposed, FIR No., GR No., charge sheet filed or not section imposed under Indian Penal Code, 1860.
22). Shri. Inderjit, Sub Inspector, PS Aberdeen how many time entered in nearby locality provide inter alia only the details or certified copy of GD entry, Ravangi Register, Dial 100, suo moto entry, complaint Dairy Number, dated, report generated thereafter when marked to different officials with name, no. of days of pendency with different officials with name, action taken report in each stages with concerned officials, still pending or disposed, FIR No., GR No., charge sheet filed or not section imposed under Indian Penal Code, 1860.
23) The Superintendent of Police, South Andaman how many time entered in my premise provide only the details or certified copy of GD entry, Ravangi Register, Dial 100, suo moto entry, complaint Dairy Number, dated, report generated thereafter when marked to different officials with name, no. of days of pendency with different officials with name, action taken report in each stages with concerned officials, still pending or disposed, FIR No., GR No., charge sheet filed or not section imposed under Indian Penal Code, 1860.
24) The Superintendent of Police, South Andaman how many time entered in nearby locality provide only the details or certified copy of GD entry, Ravangi Register, Dial 100, suo moto entry, complaint Dairy Number, dated, report generated thereafter when marked to different officials with name, no. of days of pendency with different officials with name, action taken report in each stages with concerned officials, still pending or disposed, FIR No., GR No., charge sheet filed or not section imposed under Indian Penal Code, 1860.
25) Provide probono publica details or certified copy of number of time fine imposed upon present Public Information Officer/ Superintendent of Police, South Andaman and First Appellate Authority, Deputy Inspector General of Police (Intelligence) or information provided free cy pres with order number, date name of the party, amount of fine imposed or information provided free, name of the Police Official upon which fine imposed, name of order issuing authority sine qua non required stare decisis for ad litem.
Page 6 of 1426) Provide the details or certified copy regarding D. Lavanya Sundari lodge complaint against others or against the officials / workers of Lush Green Hotel, Wandoor while working in Lush Green Hotel, Wandoor and complaint lodged by the officials / workers of Lush Green Hotel against D. Lavanya Sundari inter alia complaint Dairy Number, dated, report generated thereafter when marked to different officials with name, no. of days of pendency with different officials with name, action taken report in each stages with concerned officials, still pending or disposed, FIR No., GR No., charge sheet filed or not section imposed under Indian Penal Code, 1860.
27) Provide only the details or certified copy required probono publica of Station House Officer Diary, Rowdies Sheeter within the jurisdiction of the Police Station under Ferrargung and Port Blair Tehsil sine qua non required stare decesis for ad litem.
28) Provide the details of Second and next Appellate Authority of Police Department under the Andaman and Nicobar Administration.
29) Provide the details or certified copy of all the complaint lodged by landlords against D. Lavanya Sundari and vice versa with name, father's name, village, Mobile Number with complaint Dairy Number, dated, report generated thereafter when marked to different officials with name, no. of days of pendency with different officials with name, action taken report in each stages with concerned officials, still pending or disposed, FIR No., GR No., charge sheet filed or not section imposed under Indian Penal Code, 1860 within the jurisdiction of the Police Station under Ferrargung and Port Blair Tehsil.
30) Provide only the details or certified copy of GD entry, Ravangi Register, Dial 100, suo moto entry in my residence by Police Officials number of times with complaint Dairy Number, dated, report generated thereafter when marked to different officials with name, no. of days of pendency with different officials with name, action taken report in each stages with concerned officials, still pending or disposed, FIR No., GR No., charge sheet filed or not, section imposed under Indian Penal Code, 1860.
31) 'Ubi jus ibi rimidium/Provide probono publica only the details or certified copy of number of time entered in my premise or in nearby locality for investigation with respect of FIR No. 127/2021 dated 21/10/2021 and FIR No. 98 dated 30/05/2022 with details or certified copy of GD entry, Ravangi Register, Dial 100, case diary, suo moto entry, complaint Dairy Number, dated, report generated thereafter when marked to different officials with name, no. of days of pendency with different officials with name, action taken report in each stages with concerned officials GR No., approval granted to lodge First Information Report with copy of note Page 7 of 14 sheet, section imposed under Indian Penal Code, 1860 sine qua non required stare decesis for ad litem.
32) Provide ipso jure only the details of relevant provisions of Indian Penal Code, 1860 to deal with menace caused by the animals in the locality on the instigation of the owner of the animal.
33) Provide probono publica only the details and certified copy of application filed under Right of Information Act by D. Lavanya Sundari with complaint Dairy Number, dated, report generated thereafter when marked to different officials with name, no. of days of pendency with different officials with name, action taken report in each stages with concerned officials, still pending or disposed or rejected or reason of rejection or acceptance sine qua non required stare decesis for ad litem.
34. Provide inter alia only the details or certified copy of GD entry, Ravangi Register, Dial 100 with complaint Dairy Number, dated, report generated thereafter when marked to different officials with name, no. of days of pendency with different officials with name, action taken report in each stages with concerned officials, still pending or disposed, FIR No., GR No., charge sheet filed or not, section imposed under Indian Penal Code, 1860 in respect of complaint lodged by D. Lavanya Sundari within the jurisdiction of the Police Station under Ferrargung and Port Blair Tehsil.
35) Provide probono publica only the details and certified copy of Right to Information application rejected or accepted by the Public Information Officer, Police Department within three years with order number, date, name of the party concerned sine qua non required stare decesis for ad litem.
36) Provide probono publica certified copy of GDE No. 17 dated 07/02/2023 at CAW Cell lodge by D. Lavanya Sundari sine qua non required stare decesis for ad litem.
37) Provide probono publica certified copy of FIR No. 440/2017 dated 05/09/2017 lodged against Shri. Vidyakaran, Private Security Guard lodged under section 498 (A)/323/34 Indian Penal Code, 1860 in PS Aberdeen sine qua non required ad litem.
38. Provide probono publica certified copy or details of FIR No. 696/2017 dated 31/12/2017 lodged against Shri. Ramachandran and Laxmanan, both R/o Dairy Farm lodged under section 376/34 Indian Penal Code, 1860 in PS Aberdeen sine qua non required ad litem.
39) Provide probono publica only the details and certified copy of total numbers of applications received under Right to Information Act by Shri. Kalaivanan R IPS since his posting as Public Information Officer, South Andaman sine qua non required stare decesis for ad litem.
40) Provide probono publica certified copy of FIR No. 58/2021 dated 23/04/2021 lodged against Smti. Zeenath R/o Mohanpura lodged under Page 8 of 14 section 341/504/506 Indian Penal Code, 1860 in PS Aberdeen sine qua non required ad litem.
41) Provide the certified copy of complaint lodged by D. Lavanaya Sundari R/o Junglighat against persons in different Police Station within Port Blair and Ferrargunj Tehsil and to the Superintendent of Police.
42) Provide only the details or certified copy of numbers of complaint lodged against D. Lavanya Sundari by Shri. R. Laxmanan and Shri. Ramachandran both R/o Dairy Farm and his family members and nearby residents at the time of residing in the tenanted premise at Dairy Farm inter alia with name, name of village with address, Mobile No., telephone number, parent's name, GD Entry no., Ravangi Register, Dial 100, complaint Dairy Number, dated, section imposed under Indian Penal Code, 1860; and report generated after that when marked to different officials with name, no. of days of pendency with different officials with name, action taken report, still pending or disposed, FIR No., GR No., charge sheet filed or not.
43) Provide only the details or certified copy of numbers of complaint lodged by D. Lavanya Sundari against Shri. R. Laxmanan and Shri. Ramachandran both R/o Dairy Farm and his family members and nearby residents at the time residing in the tenanted premise at Dairy Farm inter alia with name, name of village with address, Mobile No., telephone number, parent's name, GD Entry no,, Ravangi Register, Dial 100, complaint Dairy Number, dated, section imposed under Indian Penal Code, 1860; and report generated after that when marked to different officials with name, no. of days of pendency with different officials with name, action taken report, still pending or disposed, FIR No., GR No., charge sheet filed or not.
44) Provide only the details or certified copy of numbers of complaint lodged against D. Lavanya Sundari by Shri. Vidyakaran, Private Security Guard against which FIR No. 440/2017 dated 05/09/2017 lodged and his family members and nearby residents inter alia with name, name of village with address, Mobile No., telephone number, parent's name, GD Entry no., Ravangi Register, Dial 100, complaint Dairy Number, dated, section imposed under Indian Penal Code, 1860; and report generated after that when marked to different officials with name, no. of days of pendency with different officials with name, action taken report, still pending or disposed, FIR No., GR No., charge sheet filed or not.
45) Provide only the details or certified copy of numbers of complaint lodged by D. Lavanya Sundari against Shri. Vidyakaran, Private Security Guard against which FIR No. 440/2017 dated 05/09/2017 lodged and his family members and nearby residents inter alia with name, name of village with address, Mobile No., telephone number, parent's name, GD Entry no., Page 9 of 14 Ravangi Register, Dial 100, complaint Dairy Number, dated, section imposed under Indian Penal Code, 1860; and report generated after that when marked to different officials with name, no. of days of pendency with different officials with name, action taken report, still pending or disposed, FIR No., GR No., charge sheet filed or not.
46) Provide probono publica certified copy of an order dated 18/08/2022 passed by the Hon'ble High Court at Calcutta, Circuit Bench at Port Blair in the matter of CRR/18/2022(Shri. Ramachandran and another Vs The State) sine qua non required stare decesis for ad litem.
The CPIO furnished a reply to the Appellant on 14.06.2023 stating as under:
36. As per the records maintained, no such GD entry vide no.17 dated 07/02/2023 has been made at CAW Cell.
Being dissatisfied, the appellant filed a First Appeal dated 19.06.2023. The FAA vide its order dated 07.08.2023, held as under.
Admitting an appeal, a hearing notice vide No. DGP/RTI/Appeal/16/ 2023/3114 dated 20/07/2023 was served to the Appellant to appear on 21/07/2023 at 1230 hrs. The appellant Shri Kamal Kumar appeared in person on 21/07/2023 at 1230 hrs and placed his grievances before the First Appellate Authority.
The undersigned being the First Appellate Authority has carefully considered the appellant's RTI application and the reply given thereon by the PIO/SP(D) S/Andaman. After careful examination of the RTI file and available records, the undersigned hereby directs PIO/SP(D) South Andaman to provide the copy of enquiry report of the complaints as well as copies of the complaints to the appellant free of cost.
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Present through video-conference.
Respondent: Md. Irshad Haider, SP CID/ PIO, Port Blair present through video- conference.
A written submission dated 06.08.2024 filed by the Appellant, which is taken on record, contents of the same are reproduced below for the sake of clarity:Page 10 of 14
"Ab initio it is absolutely made clear that no information received from the Public Information Officer.
CCTV footage required at Point No. 5 & 18 of my RTI application dated 22/05/2023 but not provided hence destroyed and FIR to be lodged against the Public Information Officer under Section 204 of Indian Penal Code, 1860 read with section 7 of Information Technology Act, 2000 and sub section 1&2 of section 20 of the Right to Information Act, 2005. With regard to Point No. 25, 33, 35 & 39 it is submitted that orders not uploaded as construed under section 4 of Right to Information Act, 2005 in the website by Public Information Officer and First Appellate Authority as communicated vide Office Memorandum Dated 07th Nov. 2019 in F.No. 1/6/2011-IR by Ministry of Personnel, Public Grievances & Pensions, Department of Personnel and Training, New Delhi hence compel to file Appeal before the Hon'ble Information Commissioner due to which wasted the time of the Hon'ble Court.
Ipso facto action has to be initiated against the Assistant Public Information Officer (CID), Deputy Superintendent of Police (CID), Port Blair whereby false information furnished with respect to Point No. 36 vide No SP/CID/RTI/29/2023/530 dated 14/06/2023 that no such GD Entry No. 17 dated 07/02/2023 has been made in the CAW Cell per contra the Assistant Public Information Officer (CID), Deputy Superintendent of Police (CID), Port Blair vide No. SP/CID/RTI/05/2023/150 dated 18/02/2023 intimated that the GD Entry is available whereby it is presumed that there are other complaint and GD Entry available which is suppressed by the Assistant Public Information Officer, Deputy Superintendent of Police (HQ), Port Blair whereby false information provided by him hence impose penalty under sub section (1) of section 20 of the Right to information Act, 2005, to proceed disciplinary action under sub section (2) of section 20 of the Right to information Act, 2005, to provide information free of cost under sub section (6) of section 7 of the Right to information Act, 2005; to allow compensation under clause (b) of sub section (8) of section 19 of the Right to information Act, 2005; to impose penalty under clause (c) of sub section (8) of section 19 of the Right to information Act, 2005 to lodge FIR under section 166 & 420 read with section 52 and 30 of the Indian Penal Code, 1860.
With respect to Point no. 37, 38, 40 & 46 it is intimated that charge sheet filed, and order passed in spite of that no information provided."
Page 11 of 14Appellant restricted his arguments to point No. 36 of the RTI application and contended that false information has been furnished by the Respondent vide letter dated 07.02.2023 regarding non-availability of GD Entry No. 17. He apprised the Commission that SP (CID)/APIO Port Blair in response to his other application replied vide No. SP/CID/RTI/05/2023/150 dated 18.02.2023 and informed that the GD entry under reference is available. He prayed the Commission that the PIO should be penalized under Section 20 (1) of the RTI Act for giving false/misleading reply. At the behest of the Commission, Appellant showed the copy of reply dated 18.02.2023 to the Respondent during hearing and respondent admitted the fact that it was issued from his office.
Respondent reiterated the contents of his reply and explained that after going through the office records, it was found that last GD entry made in the records was of Serial No. 16 dated 07.02.2023 and GD entry Sl. No. 17 appears on the next date i.e. 08.02.2023 which pertains to different matter. However, looking into the reply dated 18.02.2023, he volunteered to recheck their office records and inform the factual position to the Appellant accordingly.
Decision:
The Commission, at the outset observes from a perusal of the facts on record that information sought under this RTI Application is voluminous, cumbersome in nature and does not even conform to the word limit of 500 words, as prescribed in Rule 3 of RTI Rules, 2012.
Even if, the Commission was to empathetically consider the concerns raised by the Appellant through the Second Appeal, she is reminded of the fact that her right to information is far from being absolute and unconditional. That, it is rather unfortunate that even the best of intentions has to not only stand the test of procedural requirements and fetters laid down in the RTI Act but also stand the test of practicality, a notion well recognised by the superior Courts in a catena of judgments such as the Hon'ble Supreme Court's observation in the matter of Central Board of Secondary Education (CBSE) & anr.v. Aditya Bandhopadhyay and others [(2011) 8 SCC 497] stating that:Page 12 of 14
"37. ...... The Act should not be allowed to be misused or abused, to become a tool to obstruct the national development and integration, or to destroy the peace, tranquility and harmony among its citizens. Nor should it be converted into a tool of oppression or intimidation of honest officials striving to do their duty. The nation does not want a scenario where 75% of the staff of public authorities spends 75% of their time in collecting and furnishing information to applicants instead of discharging their regular duties. The threat of penalties under the RTI Act and the pressure of the authorities under the RTI Act should not lead to employees of a public authorities prioritising 'information furnishing', at the cost of their normal and regular duties."
Nonetheless, the Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records further observes that the Appellant restricted his arguments to Point No. 36 of RTI Application with the plea that the reply given by the Respondent claiming non-availability of GD Entry No. 17 dated 07.02.2023 is contrary to the reply given on 18.02.2023 wherein information regarding availability of GD entry No. 17 has been furnished to the Appellant. To this, the Respondent during the hearing agreed to recheck their office records and inform the factual position to the Appellant.
In view of the above, the Respondent is directed to provide a revised updated information vis-à-vis GD entry No. 17 dated 07.02.2023 to the Appellant within 4 weeks from the date of receipt of this order.
FAA to ensure compliance of the directions.
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 Page 13 of 14 Copy To:
The FAA, O/o the Directorate General of Police Andman & Nicobar Island Port Blair-744101.Page 14 of 14
Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
Nil Powered by TCPDF (www.tcpdf.org)