Central Information Commission
Nutan Thakur vs Embassy Of India, Washington, Usa on 27 October, 2021
केन्द्रीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमागग, मुननरका
Baba Gangnath Marg, Munirka
नईनिल्ली, New Delhi - 110067
द्वितीय अपील संख्या / Second Appeal No. CIC/EIWUS/A/2019/154608
CIC/EIWUS/A/2019/154609
Dr. Nutan Thakur ... अपीलकताा /Appellant
VERSUS/बनाम
PIO, Embassy of India, Washington, USA ...प्रद्वतवादीगण /Respondent
Through: Shri Subhash Chandra Agrawal -
Consultant
Date of Hearing : 25.10.2021
Date of Decision : 27.10.2021
Chief Information Commissioner : Shri Y. K. Sinha
Relevant facts emerging from appeal:
Since both the parties are same, the above mentioned cases are clubbed
together for hearing and disposal.
Case RTI Filed CPIO reply First appeal FAO 2nd Appeal
No. on received on
154608 15.08.2019 31.08.2019 16.09.2019 16.10.2019 14.11.2019
154609 15.08.2019 31.08.2019 16.09.2019 16.10.2019 14.11.2019
Information soughtand background of the case:
(1) CIC/EIWUS/A/2019/154608 The Appellant filed an RTI application dated15.08.2019 seeking information on the following 07 points:-
As per a news article, 40,000 people register for Howdy, Modi community summit in Houston PTI dated 13/08/2019, The Prime Minister Sri Narendra Modi is scheduled to address the Indian-American community event on September 22. XXXX This will be Mr. Modis third major address to the Indian-American community after he became the prime minister in 2014 and the first after his re-election in May. The previous two were at Page 1 of 6 the Madison Square Garden in New York in 2014 and the Silicon Valley in 2016. Both the events were attended by more than 20,000 people. Kindly provide following information as regards the above news article-
1. As per the official records of Embassy of India, Washington DC (EIW), who were the official organizers of the program at the Madison Square Garden in New York in 2014.
2. As per the official records of Embassy, who were the official organizers of the program at Silicon Valley in 2016.
3. As per official records, what was the role being played by the Embassy in each of these programs
4. What was the role of the organizers in these two programs.
5. Kindly provide a copy of the official file of the Embassy, including notesheet and communications with different offices, as regards these two programs at the Madison Square Garden in 2014and the Silicon Valley in 2016.
6. Have there any fee been paid by the organizers for the two programs.
7. Were there more than one bodies willing to host each of these programs. If yes, as per official records, how was the organizer chosen in each of these programs, among the various willing bodies.
The First Secretary (PIC) vide letter dated 31.08.2019 intimated that the information requested is not available with them.
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 16.09.2019. The FAA/Minister (Com) vide order dated 16.10.2019 stated as under:-
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Written submissions dated 18.10.2021 have been received from the Head of Chancery, Embassy of India, Washington DC, stating as follows:Page 2 of 6
(2) CIC/EIWUS/A/2019/154609 The Appellant filed an RTI application dated 15.08.2019 seeking information on the following 07 points:-
As per a news article, 40,000 people register for Howdy, Modi community summit in Houston PTI dated 13/08/2019, The Prime Minister Sri Narendra Modi is scheduled to address the Indian- American community event on September 22 Around 40,000 people have registered themselves for Indian American community summit Howdy, Modi, which will be addressed by Prime Minister Narendra Modi on September 22 during his visit to the US for the UN General Assembly session, organisers of the event said. Kindly provide following information as regards the above news article-
1. As per the official records of Embassy of India, Washington DC (EIW), is this program of Sri Narendra Modi finalized.
2. If yes, who are going to be the organizers of this program.
3. As per official records, what is the role being played by Embassy in this program.
4. What is the role of the organizers in this program.
5. Kindly provide a copy of the official file of Embassy, including notesheet and communications with different offices, as regards this proposed program.
6. Has there any fee been paid by the organizers.
7. Were there more than one bodies willing to host this program. If yes, as per official records, how was the organizer chosen among the various willing bodies.
The First Secretary (PIC) vide letter dated 31.08.2019 requested the Appellant to obtain necessary information from the website https://howdymodi.org Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 16.09.2019. The FAA/Minister (Com) vide order dated 16.10.2019 stated as under:-
Page 3 of 6Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
Written submissions dated 18.10.2021 have been received from the Head of Chancery, Embassy of India, Washington DC, relevant extracts whereof are as under:
A reply dated 16.09.2019 is also found annexed with the above submissions, which had been sent in response to the RTI application, and it has been reproduced as under:Page 4 of 6
In order to ensure social distancing and prevent the spread of the pandemic, COVID-19, hearing was scheduled through video conference after giving prior notice to both the parties. Respondent alone is present for the hearing, while the Appellant has not attended the hearing held through video conference despite service of hearing notice in advance, nor has she communicated any reason for her absence. Respondent placed reliance on the aforementioned submissions and contended that information, as available on record and as permissible under the RTI Act has already been made available to the Appellant, as mentioned hereinabove.
Decision:
Since both the appeals deal with the same subject matter and are between the same parties, the facts are adjudicated together and decided by a common order. Upon perusal of the submissions dated 18.10.2021, filed in both the appeals, it is noted that adequate replies have been furnished by the Respondent, providing information from existing official records. Moreover, Second Appeals CIC/MOEAF/A/2019/152016 and CIC/MOEAF/A/2019/152017 arising out of an RTI application dated 15.08.2019 bearing identical queries had been filed by the same Appellant before the same Respondent, which have already been adjudicated by the erstwhile Chief Information Commissioner vide orders dated 24.06.2020 and 25.06.2020 respectively. Five out of the seven queries had been dealt with in the above decisions and in response to the remaining queries no. 6 and 7, the Respondent has clearly stated that no information exists with the Embassy of India at Washington.
In view of the above position, it is evident that information as defined under Section 2(f) of the RTI Act, has been furnished to the Appellant. Therefore, no cause of action exists for further adjudication of the same subject matter.
Page 5 of 6Hence the appeals at hand are disposed off as such.
Y. K. Sinha (वाई. के. नसन्हा) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अद्विप्रमाद्वणत सत्याद्वपत प्रद्वत) S. K. Chitkara (एस. के. द्विटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 6 of 6