Central Information Commission
Nutan Thakur vs Prime Minister'S Office on 6 May, 2020
के न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No.(s):- CIC/PMOIN/A/2018/157887-BJ+
CIC/PMOIN/A/2018/165820-BJ
Dr. Nutan Thakur
....अपीलकताग/Appellant
VERSUS
बनाम
CPIO & Under Secretary
Prime Minister's Office, South Block
New Delhi - 110011
...प्रनतवािीगण /Respondent
Date of Hearing : 05.05.2020
Date of Decision : 06.05.2020
ORDER
RTI- 1 File No. CIC/PMOIN/A/2018/157887-BJ Date of RTI application 04.07.2018 CPIO's response 19.07.2018/ 25.07.2018 Date of the First Appeal 29.07.2018 First Appellate Authority's response Not on Record Date of diarised receipt of Appeal by the Commission 20.09.2018 FACTS:
The Appellant vide her RTI application sought information regarding the copy of one or more files in the PMO (including Notesheet and correspondence of PMO with various other offices) as regards the News Article under the heading "India seeks Nepals help to evacuate Kailash pilgrims Kallol Bhattacherjee New Delhi, July 04, 2018" particularly in view of the official twitter statements made by the Prime Minister.
The CPIO, transferred the RTI application to the concerned CPIO in M/o External Affairs vide letter dated 19.07.2018. Thereafter, the CPIO, M/o External Affairs vide letter dated 25.07.2018 provided a response to the Appellant. Dissatisfied due to wrong transfer of his RTI application to the Ministry of External Affairs, the Appellant approached the FAA, PMO. The order of the FAA, if any, is not on the record of the Commission.
Page 1 of 4
RTI - 2 File No. CIC/PMOIN/A/2018/165820-BJ
Date of RTI application 04.07.2018
CPIO's response 19.07.2018/
25.07.2018
Date of the First Appeal 29.07.2018
First Appellate Authority's response Not on Record
Date of diarised receipt of Appeal by the Commission 05.11.2018
FACTS:
The Appellant vide her RTI application sought information regarding the copy of one or more files in the PMO (including Notesheet and correspondence of PMO with various other offices) as regards the News Article under the heading "India seeks Nepals help to evacuate Kailash pilgrims Kallol Bhattacherjee New Delhi, July 04, 2018" particularly in view of the official twitter statements made by the Prime Minister.
The CPIO, transferred the RTI application to the concerned CPIO in M/o External Affairs vide letter dated 19.07.2018. Thereafter, the CPIO, M/o External Affairs vide letter dated 25.07.2018 provided a response to the Appellant. Dissatisfied due to wrong transfer of his RTI application to the Ministry of External Affairs, the Appellant approached the FAA, PMO. The order of the FAA, if any, is not on the record of the Commission HEARING:
Facts emerging during the hearing:
The following were present:
Appellant: Dr. Nutan Thakur through WhatsApp;
Respondent: Mr. Parveen Kumar, US (RTI) & CPIO through WhatsApp;
The Appellant reiterated the contents of the RTI applications and stated that subsequent to the transfer of application to the Ministry of External Affairs, no response was received by her. The Respondent (PMO) reiterated the response of the CPIO and stated that the application was transferred to the Ministry of External Affairs vide their letter dated 19.07.2018 and that no further action was pending at their end. The Respondent (Ministry of External Affairs) stated that vide letter dated 25.07.2018 they had provided a response to the Appellant with the comment NIL since the Kailash Mansarovar Yatra was conducted by private tour operators and hence the information was not available with them. The Commission was in receipt of a copy of the reply of the PMO to the Appellant dated 05.02.2020 wherein while reiterating their reply as well the reply of the M/o External Affairs, it was stated that with transfer of application and inputs provided by the MEA all actions on the part of their office stood completed. Any grievance relating to non-supply or quality of information by the transferee Public Authority was not maintainable before their office. However, the delay in processing the application was regretted. The Commission instructed the CPIO to provide a copy of the written submission to the Appellant at her e-mail address ([email protected]).Page 2 of 4
The Commission referred to the definition of information u/s 2(f) of the RTI Act, 2005 which is reproduced below:
"information" means any material in any form, including records, documents, memos, e- mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, report, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force."
Furthermore, a reference can also be made to the relevant extract of Section 2 (j) of the RTI Act, 2005 which reads as under:
"(j) right to information" means the right to information accessible under this Act which is held by or under the control of any public authority and includes ........"
In this context a reference was made to the Hon'ble Supreme Court decision in 2011 (8) SCC 497 (CBSE Vs. Aditya Bandopadhyay), wherein it was held as under:
35..... "It is also not required to provide 'advice' or 'opinion' to an applicant, nor required to obtain and furnish any 'opinion' or 'advice' to an applicant. The reference to 'opinion' or 'advice' in the definition of 'information' in section 2(f) of the Act, only refers to such material available in the records of the public authority. Many public authorities have, as a public relation exercise, provide advice, guidance and opinion to the citizens. But that is purely voluntary and should not be confused with any obligation under the RTI Act."
Furthermore, the Hon'ble Supreme Court of India in Khanapuram Gandaiah Vs. Administrative Officer and Ors. Special Leave Petition (Civil) No.34868 OF 2009 (Decided on January 4, 2010) had held as under:
6. "....Under the RTI Act "information" is defined under Section 2(f) which provides:
"information" means any material in any form, including records, documents, memos, e- mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, report, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force."
This definition shows that an applicant under Section 6 of the RTI Act can get any information which is already in existence and accessible to the public authority under law. Of course, under the RTI Act an applicant is entitled to get copy of the opinions, advices, circulars, orders, etc., but he cannot ask for any information as to why such opinions, advices, circulars, orders, etc. have been passed."
7. "....the Public Information Officer is not supposed to have any material which is not before him; or any information he could have obtained under law. Under Section 6 of the RTI Act, an applicant is entitled to get only such information which can be accessed by the "public authority" under any other law for the time being in force. The answers sought by the petitioner in the application could not have been with the public authority nor could he have had access to this information and Respondent No. 4 was not obliged Page 3 of 4 to give any reasons as to why he had taken such a decision in the matter which was before him."
DECISION:
Keeping in view the facts of the case and the submissions made by both the parties, no further intervention of the Commission is required in the matter. The Respondent is instructed to forward a copy of the written submission sent to the Commission to the Appellant within a period of 30 days from the date of receipt of this order depending upon the condition for containment of the Corona Virus Pandemic in the Country or through email, as agreed.
The Appeals stand disposed accordingly.
(The Order will be posted on the website of the Commission) (Bimal Julka) (बिमल जुल्का) (Chief Information Commissioner) (मुख्य सूचना आयुक्त( Authenticated true copy (अभिप्रमाभित सत्याभित प्रभत) (K.L. Das) (के .एल.दास) (Dy. Registrar) (उि-िंजीयक) 011-26186535/ [email protected] भदनांक / Date: 06.05.2020 Page 4 of 4