Central Information Commission
Upendra Prasad Singh vs Ministry Of Petroleum & Natural Gas on 16 March, 2021
Author: Neeraj Kumar Gupta
Bench: Neeraj Kumar Gupta
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीय अपील सं या/Second Appeal No. CIC/MOPNG/A/2019/133496
Upendra Prasad Singh ... अपीलकता/Appellant
VERSUS
बनाम
CPIO ... ितवादीगण/Respondents
M/o. Petroleum & Natural Gas
Shastri Bhawan, New Delhi
CPIO
M/o. Consumer Affairs, Food &
Public Distribution, Krishi Bhawan,
New Delhi
Relevant dates emerging from the appeal:
RTI : 06-03-2019 FA : 05-04-2019 SA : 12-07-2019
CPIO : 29-03-2019, 04-
FAO : 29-04-2019 Hearing : 08-03-2021
04-2019 & 06-04-2019
ORDER
1. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Minister for Consumer Affairs, Food & Public Distribution, New Delhi seeking information regarding allocation of Public Distribution System (PDS) Kerosene in the State of Bihar.
2. The CPIO responded on 29-03-2019, 04-04-2019 & 06-04-2019. The appellant filed the first appeal dated 05-04-2019 which was disposed of by the first appellate authority on 29-04-2019. Thereafter, he filed a second appeal u/Section 19(3) of the RTI Act before the Commission requesting to take appropriate legal action against the CPIO u/Section 20 of the RTI Act, 2005 and also to direct him to provide the sought for information. Hearing:
3. The appellant, Mr. Upendra Prasad Singh attended the hearing through audio conferencing. Mr. Ankush Kumar Srivastava (US, MoPNG) and Mr. Page 1 of 4 Ramesh Chand Meena, CPIOs participated in the hearing representing the respondent(s) through audio conferencing. The written submissions are taken on record.
4. Referring to the news article published on 28-02-2019 in 'Hindustan' newspaper titled as 'Lalten Ki Jarurat Hui Khatm-CM', he contended that the State Govt. of Bihar is causing huge loss to the public exchequer by distributing the PDS Kerosene to the consumers despite there being adequate supply of electricity as claimed by the then Chief Minister of Bihar. In this regard, he stated that the respondent should be directed to provide him information pertaining to allocation of PDS Kerosene in the State of Bihar.
5. The respondent contended that the appellant is seeking answers to his situational queries regarding distribution of PDS Kerosene in the State of Bihar based on the newspaper clipping which is akin to seeking clarification and confirmation from the CPIO. Such an interpretation cannot be expected from the CPIO as per the provisions of the RTI Act, 2005. Nonetheless, they have already furnished a factual reply to the appellant vide letter dated 04-04-2019 thereby indicating that the PDS Kerosene is distributed to the customers through the Public Distribution System (PDS) network (Ration shop) of the State Governments/Union Territories (UT) and accordingly, the RTI application was forwarded to Food, Civil Supplies & Consumer Protection Department, Govt. of Bihar with a request to provide the requisite information to the appellant directly. The given reply was also read out by the respondent. Decision:
6. This Commission observes that the appellant is trying to create a dialogue with the public authority for confirmation of certain newspaper publication regarding distribution of PDS Kerosene in the State of Bihar. He alleged that distribution of PDS Kerosene has caused huge loss to the public exchequer, as the then Chief Minister had claimed that there is adequate supply of electricity. In this regard, he has annexed a copy of the newspaper clipping along with the RTI application and based on this, he has sought explanation from the CPIO which is in the nature of "fishing and roving" queries and would, if brought within the ambit of the term 'information' lead to a situation where the public authority's focus and energy would get diverted. The CPIO cannot be expected to tally the description of every news item published in daily newspapers. Accordingly, it cannot be expected from the CPIO to satisfy the unending aspirations that the appellant may have in his mind. Seeking clarification from the CPIO is not covered within the definition of 'information' u/Section 2(f) of the RTI Act, 2005. In this regard, the Commission refers to the definition of 'information' u/s Section 2(f) of the RTI Act, 2005 which is reproduced below:-
Page 2 of 4"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 is also made to the Hon'ble Supreme Court decision in CBSE and Anr. v. Aditya Bandopadhyay and Ors, 2011 (8) SCC 497,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."
Similarly, the High Court of Bombay in Dr. Celsa Pinto, Ex-Officio Joint Secretary (School Education) v. The Goa State Information Commission on 3 April, 2008 (2008 (110) Bom L R 1238) had held as under:-
"Section 2(f) -Information means any material in any form, including records, documents, memos e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, 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; The definition cannot include within its fold answers to the question why which would be the same thing as asking the reason for a justification for a particular thing. The Public Information Authorities cannot expect to communicate to the citizen the reason why a certain thing was done or not done in the sense of a justification because the citizen makes a requisition about information. Justifications are matter within the domain of adjudicating authorities and cannot properly be classified as information."Page 3 of 4
The definition cannot include within its fold answers to the question why which would be the same thing as asking the reason for a justification for a particular thing. The Public Information Authorities cannot expect to communicate to the citizen the reason why a certain thing was done or not done in the sense of a justification because the citizen makes a requisition about information. Justifications are matter within the domain of adjudicating authorities and cannot properly be classified as information."
7. In light of the factual matrix of the case and the aforesaid legal principles, this Commission comes to the conclusion that the CPIO is not obliged to provide clarification to the appellant based on the newspaper cuttings.
8. With the above observations, the appeal is disposed of.
9. Copy of the decision be provided free of cost to the parties.
नीरज कु मार गु ा)
Neeraj Kumar Gupta (नीरज ा
Information Commissioner (सूसूचना आयु )
दनांक / Date : 08-03-2021
Authenticated true copy
(अिभ मािणत स यािपत ित)
S. C. Sharma (एस. सी. शमा),
Dy. Registrar (उप-पंजीयक),
(011-26105682)
Addresses of the parties:
1. CPIO
M/o. Petroleum & Natural Gas
Shastri Bhawan, New Delhi-110001
2. CPIO
M/o. Consumer Affairs,
Food & Public Distribution
Department of Food & Public Distribution
Krishi Bhawan, New Delhi-110001
3. Upendra Prasad Singh
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