Central Information Commission
Gita Dewan Verma vs Ministry Of Home Affairs on 5 May, 2025
Author: Heeralal Samariya
Bench: Heeralal Samariya
के न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
निकायत संख्या / Complaint No. CIC/MHOME/C/2022/616338
Ms. Gita Dewan Verma निकायतकताग /Complainant
VERSUS/बनाम
1. PIO, ...प्रनतवािीगण /Respondent
Disaster Management Division,
Ministry of Home Affairs.
2. PIO,
Ministry of Home Affairs.
3. PIO,
Department of Expenditure.
Date of Hearing : 26.03.2025
Date of Decision : 01.05.2025
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from complaint:
RTI application filed on : 16.01.2022
PIO replied on : 21.02.2022
First Appeal filed on : 21.02.2022
First Appellate Order on : - -
2ndAppeal/complaint received on : 22.03.2022
Information soughtand background of the case:
The Complainant filed an RTI application dated 16.01.2022 seeking information on following points:-
"A National Fund has been continually in place since the National Calamity Contingency Fund (NCCF) that replaced the National Calamity Relief Fund in 2000 and was merged into the National Disaster Response Fund (NDRF) when NDRF was constituted.
A) Please inform YEAR-WISE for each year since 2000:
1. The amounts credited to NCCF/NDRF in Total as well as from different sources including National Calamity Contingent Duty, special surcharges and all of any other sources Page 1
2. The amounts collected from National Calamity Contingent Duty in Total as well as from different tariff items on which the duty was levied.
3. The amounts released from NCCF/NDRF to different states.
(Amounts for the period 2000-08 are published at https://doe.gov.in/national-calamity-contigency-fund-nccf)
4. The amounts released from NCCF/NORF for different calamities.
[Department of Agriculture and Farmers Welfare has published year-wise state-wise releases for the 5 calamities assigned to it as Nodal Ministry, only for the period 2010-
2021, at https://agricoop.nic.in/sites/default/files/drought_managem ent.pdf and releases for the 15 other calamities listed in the updated National Disaster Management Plan of 2019 appear not to have been published at all by the respective other Nodal Ministries).
B) Please also inform the URL/path from home page of the website publication of the scheme for the National Fund. I found the NCCF scheme for 2005-10 as part of the RTI disclosure document at https://doe.gov.in/sites/default/files/rtifcd.pdf, but am unable to find the further schemes on the website of the Department)."
Nodal Officer, Department of Expenditure forwarded RTI Application to CPIO 18/01/2022. The CPIO, (PF-State), Department of Expenditure transferred RTI Application to Department of Expenditure CPIO, (FCD) and also to Ministry of Home Affairs (MHA) on 22/01/2022 ), Department of Expenditure which was forwarded the same day to CPIO DS(DM-I), MHA.
The CPIO, Ministry of Home Affairs reply dated 21.02.2022 stated as under:-
"Reply: Under the RTI Act, only such information can be supplied which already exists and is held by the Public Authority or held under the control of the Public Authority. The Public Information Officer is not supposed to create information, or to interpret information, or to give non existing opinion/advice on problems raised by the applicants, or to furnish replies to situational queries. He is also not required to interpret information or furnish replies to hypothetical questions.
The NCCF/NDRF is administered by Department of Expenditure, Ministry of Finance. Collection of funds from duty/tariffs and from other sources and crediting the same in NCCF/NDRF and release of funds therefrom falls within the domain of the Department of Expenditure. As such all information sought may be available with them."
Page 2 Dissatisfied with the response received from the CPIO, the Complainant filed a First Appeal dated 21.02.2022.
CPIO, CPIO,(FCD), Department of Expenditure furnished reply dated 14.02.2022 as under:
"..Parts (1) & (2): The information regarding collection and crediting of NCCD into NCCF/NDRF Account does not maintain by the Division, so the information may be treated as "NIL".
However, your RTI application is being transferred to the concerned Department i.e. Revenue Department, Deptt. of Economic Affairs for providing the required information to you directly. Point No.(3) &(4) and Point(B): Ministry of Home Affairs (MHA) is the nodal Ministry for dealing with Disaster related matter as per Disaster Management Act,2005. Additional assistance from NDRF is provided to States by D/o Expenditure based on the recommendation from MHA, for immediate relief in case of calamities of severe nature. The operational guidelines of State Disaster Response Fund and National Disaster Response Fund are issued by the Ministry of Home Affairs. The guidelines is already available in the Public domain and can be accessed on MHA's website: http://ndmindia.nic.in/response-fund. Based on the recommendations from the Ministry of Home Affairs the additional financial assistance released by the Central Government to the State Governments for severe natural calamities during 2010- 15 and 2015-21 are enclosed at Annexure-I &II..."
FAA, CPIO, (FCD), Department of Expenditure vide order dated 01.04.2022 stated as under:
"..2. The undersigned has gone through the records of the matter and observed that the CPIO (FCD) has already provided the available information to you. 3. Now. you have raised the 4 queries vide their appeal dated 2l/0212022. The para-wise reply of your appeal is as under: (a) Your RTI application Registration No.DOXP/R/E/00065 dated l6/0112022 has already been transferred to the Department of Revenue through dak (offline) for providing the necessary information regarding collection/transfer of NCCD into NDRF Account as some technical problem was occurred for transfer the RTI application through online on that day. (b) CPIO (FCD) is directed that information on point (b) regarding release of grants to the State Government under NCCI"
head during award period during 2008-09 and 2009-10, if available, may kindly be provided to the applicant. (c) : I-he Guidelines regarding release of Calamity Relief Fund (CRF) and assistance from National Calamity Contingency Fund (NCCF) as recommended by the l2th Finance Commission during award period 2005-10 was issued by Department of Expenditure vide this letter No.l0(l)FCD/2005 dated Ist June,2005. Finance Page 3 Commission Division does not maintain the record of collection of NCCD and crediting of the same into NDRF Account. This Division releases the assistance from NDRF to the State Governments based on the recommendations from the M/o Home Affairs for severe natural calamities during the year.
(d): The l3th Finance Commission had made provision of funds for the State Disaster Response Fund in its recommendations which was accepted by Government of India. Keeping in view of the provision of the Disaster Management Act, 2005 and the recommendations of l3th Finance Commission, M/o Home Affairs had framed the guidelines for Administration of National Disaster Response Fund INDRF) at the National level and for State Disaster Response Fund at the State level which was issued by the M/o Home Affairs to all State Governments vide their letter No. 33-5/2015-NDM-I dated 30th July.20l5. Therefore. NDRF guideline was nor published on Department of Expenditure website. 4' The information provided by the CPIO (FCD) appears to be correct. Accordingly, the appeal filed by you dated 2lt02tZOZ2 is disposed off..."
In compliance of order of FAA, the PIO (FCD), Department of Expenditure furnished reply dated 12.04.2022 as under:
"..As directed by the Appellate Authority of Finance Commission Division, a statement showing releases of additional assistance from NCCF to State Governments for natural calamities lor the year 2008-09 and 2009-10 is enclosed..."
CPIO, DM(Division), Ministry of Home Affairs furnished reply dated 22.03.2022 as under:
"..Reply: CPIO is, therefore directed to furnish information available with him on parts 3 & 4 and transfer the application to the CPIO, Department of Expenditure on parts 1 & 2 of the application, within 5 working days.
with this, the appeal dated 21.02.2022 of the appellant stands disposed off.."
FAA, DM(Division), Ministry of Home Affairs vide order dated 17.03.2022 as under:
"..The Appellant, Ms. Gita Dewan Verma has preferred an Appeal registration No. MHOME/A/E/22/00111 dated 21.02.2022 on the ground that CPIO has prefaced his reply with wholly unwarranted remarks and not transferred her RTI application promptly to the Department of Expenditure if it is not concerned of MHA, against her online RTI Application Registration No. MHOME/R/X/22/00017 dated 22.01.2022 received on transferred from Department of Expenditure, Ministry of Finance.
Page 4
2. The undersigned has gone through the records of the matter and observed that the CPIO has already given an appropriate reply to the Appellant on parts 1 & 2 of the RTI application dated 22.01.2022. CPIO should have given the reply on parts 3 & 4 of the said RTI application and transferred the application on parts 1 & 2 to the CPIO, Department of Expenditure. CPIO is, therefore, directed to furnish information available with him on parts 3 & 4 and transfer the application to the CPIO, Department of Expenditure on parts 1 & 2 of the application, within 5 working days.."
Aggrieved and dissatisfied, the Complainant approached the Commission with the instant Complaint.
Written submission dated 25.12.2022, 19.03.2025 and 23.03.2025 and 26.03.2025 has been received from the Complainant and same has been taken on record for perusal.
Facts emerging in Course of Hearing:
Complainant: Present through audio-conferencing.
Respondent: Mr. Mahesh Kumar, Dy. Director, Department of Expenditure, Ms. Rita Mal, MHA, Mr. V.K. Gupta MHA, Admin, Mr. Ashish V Gawai, Director, DM, Division, MHA, Mr. C.S. Thakur, MHA. Mr. Pawan Kumar, Director, DM-II Written submissions received from the Complainant are taken on record for perusal.
The Complainant during hearing requested the Commission to consider averments made in her instant Complaint and written submission. The relevant of written submission of Complainant is as under:
"..Complaint dt. 19.03.22 is against nil disposal of a transfer receipt. The then DS (DM-I) had disposed of 'nil' 2 transfers. I filed Complaints in both cases. By my error, case nos. 616336 & 616338 are interchanged at my end. By further error, I filed in the other case the enclosed Link Paper dt. 25.12.22 D. No. 669103 to place on record FAA's order dt. 17.03.22 and to seek direction for identifying CPIO for points A1, A2 & A4.
2. The information sought is of accruals to the National Calamity Contingency Fund (NCCF) existing since 2000, from 2010 as National Disaster Response Fund (NDRF). I applied to D/o Expenditure because NCCF is its allocated business. Its website had NCCF scheme for 2005-2010. In point-B I sought URL of subsequent scheme and, in point-A, year-wise for each year since 2000:
Page 5 A1 The amounts credited to NCCF / NDRF in Total as well as from different sources including the National Calamity Contingent Duty, special surcharges and all of any other sources. A2 The amounts collected from National Calamity Contingent Duty in Total and from different tariff items on which the duty was levied.
A3 The amounts released from NCCF / NDRF to different States. (Amounts for the period 2000-2008 are published at [D/o Expenditure URL]) A4. The amounts released from NCCF / NDRF for different calamities. (Department of Agriculture and Farmers' Welfare has published year-wise state-wise releases for the 5 calamities assigned to it as Nodal Ministry [D/o A&FW website URL] and releases for the 15 other calamities listed in the updated National Disaster Management Plan of 2019 appear not to have been published at all by the respective other Nodal Ministries)
4. DD(FCD) disposed of my request no. DOEXP/R/E/22/00065 by letter dt. 14.02.22 (Encl.2) transferring A1 & A2 to D/o Revenue and saying for the rest that guidelines are issued and published by MHA and on MHA recommendation D/o Expenditure releases funds and enclosing 2010-21 data for A3. On the other hand, DS(DM-I) disposed of transfer no. MHOME/R/X/22/00017 by Reply dt. 21.02.22 saying, "NCCF/NDRF is administered by Department of Expenditure ...As such all information sought may be available with them" ('Copy of CPIO Reply'). In face of dichotomy, in 1st appeals I requested: Dir. (FCD) / FAA for, besides (a) online registration of A1 & A2 transfer & (b) 2008- 10 data for A3), w.r.t Reply of DS(DM-I), (c&d) separate response to A4 & B, and JS(DM) / FAA to confirm CPIO's decision and that none of the information sought is available in MHA ('Copy of First Appeal')...
JS(DM) directed CPIO to transfer back A1 & A2 and provide available information for A3 & A4 (Link Paper: Page-2 & 3). By letter dt. 22.03.22 DS(DM-I) informed NCCF/NDRF state-wise releases during 2005-21 are available on the website (i.e., for A3). In email dt. 27.03.22 to Dir. (FCD)/FAA my requests regarding A4 & B (Link Paper: Page-4). From Dir. (FCD) / FAA's order dt. 01.04.22 (Encl. 3] and DM Division's website (Link Paper: Page-5) it appears that NDRF is administered by MHA. 4. From D/o Revenue, I received nil responses to off-line transfer dt. 14.02.22. In joint email dt. 13.03.22 to IDs become available on RTI Online, I sought advice for identifying correct CPIO to address fresh request for A1 & A2 (Link Paper: Page-4). I got no response. I made some further effort but could access very little information for. I then filed Link Paper dt. 25.12.22 for direction to identify correct CPIO. 5. Notice of hearing is issued also to D/o Expenditure. I have not received copy of any written submission.
6. In view of the foregoing, I request the Commission to convert this Complaint to 2 nd Appeal for direction, if and as deemed fit, Page 6 for the information sought in points A1, A2 & A4 of my request dt. 16.01.22."
Written submission dated 21.03.2025 has been received from the CPIO, DD(FCD), Department of Expenditure and same has been taken on record for perusal. The relevant extract whereof is as under:
"..(1) That Ms. Geeta Diwan Verma had filed an RTI application dated 1610112022,, seeking information as per Annexure-I. In this connection, cplo (DoE) vide letter dated 14.02.2022 furnished the information available in the Finance commission Division to the applicant, which is placed at Annexure-II.
2) Later, First Appeal was received against the reply furnished by CPIO on 21.02.2025, as per Annexure-Ill. The appeal was disposed by First Appellant Authority (FAA) with directions to provide additional information to the Applicant' Accordingly the CPIO furnished the additional information to the applicant vide letter dated, 12.04.2022. The reply of First Appellant authority (FCD), Department of Expenditure and CPIO (FCD) in response to the first appeal are placed at Annexure-IV.
3) As far as Finance commission Division, Department of Expenditure is concerned, it is entrusted to release Finance commission recommended grants in_ aid (Local Bodies grants, Disaster management grants, etc) to the States, based on the recommendations of Nodal/line Ministries. At present, the recommendations of 15ft Finance commission for the award period 2021-26 are being implemented. This Division releases central Finance commission recommended disaster grants to states based on the recommendations from Ministry of Home Affairs (nodal Ministry for Disaster Management in the Country).
4. On perusal of the 2nd Appeal filed by the Appellant (Ms Geeta Diwan Verma) before the Hon'ble central Information commission, it is submitted that the ground on which the appear is filed and prayer made pertains to the CPIO of the Ministry of Home Affairs. This Division has already furnished information to the applicant.."
Decision:
Commission has gone through the case records and on the basis of proceedings during hearing observes that appropriate action as per the provisions of the RTI Act has been taken by the CPIO. Therefore, no malafide can be ascribed over the conduct of the CPIO and thus, no penal action is warranted in the matter. Furthermore, after examining the facts and records of the case Commission notes that no case of enquiry is made out.
Page 7 As regards the request of the RTI Applicant for conversion of her instant Complaint into Second Appeal, the same is allowed. The Commission observes that the reply furnished by the PIO is self- explanatory and information as permissible under the provisions of the RTI Act has been duly supplied to the RTI Applicant. In the given circumstances, no further intervention of the Commission is warranted in this case under the RTI Act. The instant case is disposed off accordingly.
Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अभिप्रमाभित सत्याभित प्रभत) S. K. Chitkara (एस. के . नचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 8 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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