Central Information Commission
Sundaresan vs Parliament Of India on 19 September, 2023
Author: Saroj Punhani
Bench: Saroj Punhani
के ीय सूचना आयोग
Central Information Commission
बाबागंगनाथमाग , मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
File No: CIC/PAROI/A/2022/659898
Sundaresan ......अपीलकता /Appellant
VERSUS
बनाम
CPIO,
Rajya Sabha Secretariat
Parliament House
New Delhi-110001 .... ितवादीगण /Respondent
Date of Hearing : 18/09/2023
Date of Decision : 18/09/2023
INFORMATION COMMISSIONER : Saroj Punhani
Relevant facts emerging from appeal:
RTI application filed on : 16/08/2022
CPIO replied on : 14/08/2022
First appeal filed on : 25/09/2022
First Appellate Authority order : Not on record
2nd Appeal/Complaint dated : Nil
1
Information sought:
The Appellant filed an RTI application dated 16.08.2022 seeking the following information:
"It is my contention that laws relating to accountability are habitually flouted since 1956 and misleading deceitful fraudulent reports are placed before Parliament and people of India. When several applications to MOSTL LOKSS RSS MCA MOCAF etc did not bear any result application CAGINR201851594 was made to CAG the complete application is attached. The matter went upto second appeal where in final orders dt 21062022 the CPIO was penalised Rs 1000 and issued strict warning and to issue para wise reply. The CPIO reported to me that she has transferred the applications to LOKSS, RSS, MCA MOCAF and has responded partially to matters she must respond. The transfer by the said CPIO is attached. Flouting of such laws relating to accountability has resulted in even criminal conspiracies between CAG auditors fraudsters etc flouting of SICA wilful refusal to apply for restatement of accounts where it is known that false books of accounts are maintained only because it is known that such laws relating to accountably are flouted. Further annual reports of MCA under Sec 461 Companies Act 2013 and equivalent provisions since 1956 to Parliament do not mention of this state of affairs etc etc. Pls respond para wise point wise as to some extent Legislature has also failed to ensure that such reports are meticulously forwarded and that they are true and correct. The modus operandi in fraud at AGMs perpetrated at CPSUs in fullest confidence that no true and correct annual reports are placed before parliament following fraudulent audit reports fraudulent CAGS reports fraudulent Board Reports have been duly modified and employed in fraud and AGM fraud at DHFL, Yes Bank etc noting that no action has been taken against delinquent auditors and public servants in CPSUS and according undue advantages to them. Details are asked for vide your records. You may transfer the application but not without furnishing information with you or reporting nil information and or otherwise.
The CPIO furnished a reply to the appellant on 14.08.2022 stating as under:
"I am to refer to your your Online RTI application No. RSECT/R/E/22/00256 dated 16 August, 2022 and state that it is noted from its perusal that you have, inter-alia 2
(i). stated therein that when several applications to MOSTL LOKSS RSS MCA MOCAF etc did not bear any result application CAGINR201851594 was made to CAG and have attached a copy of it;
(ii) Enclosed orders of Hon'ble CIC Dated 21.06.2022 in the matter.
(iii) Mentioned therein that the CPIO, CAG reported to you that she had transferred the applications to LOKSS, RSS, MCA, MOCAF and has responded partially to matters she must respond; and have enclosed copy of the transfer by that CPIO:
(iv). Stated that details are asked for vide this Secretariat's records and have stated that this Secretariat may transfer the application but not without furnishing information with this Secretariat or reporting nil information and or otherwise.
2. In this connection, this Secretariat had received a letter No. DGA (AF&WRYKOI/Admn./RTI Act, 2005/2022-23/146 dated 4th August, 2022 (received on 8 August, 2022) from the Indian Audit and Accounts Department, Office of the Principal Director of Audit (Agriculture, Food & Water Resources), New Delhi, Kolkata Branch transferring to this Secretariat your application No. CAGIN/R/2018/51594 Dated 1 September, 2018 and enclosing therewith Central Information Commission's Order Dated 21" June, 2022 regarding its decision on the Second Appeal on the said application. Upon scrutiny of papers enclosed by the Office of the Principal Director of Audit with the letter under reference, it was found that the copy of your RTI application enclosed therewith was incomplete and contained only six pages. However, now, with your Online RTI application No. RSECT/R/E/22/00256 dated 16 August, 2022, a complete copy of your application No. CAGIN/R/2018/51594 Dated 1" September, 2018 has been received as enclosure. Both these applications being identical, have been processed together.
3. Your application No. CAGIN/R/2018/51594 Dated 1" September, 2018 has been examined. It is seen on perusal of the records of this Secretariat, that this Secretariat had already received an identical application No. DPENT/R/2018/50450 dated 01.09.2018 on transfer from the Ministry of Heavy Industries & Public Enterprises, Department of Public Enterprises, vide their letter No. DPE/6(42)2016-Fin. Dated 19.09.2018 (received on 20.09.2018) for furnishing information, if any. In response thereto, the then CPIO of this Secretariat, vide his letter No. RS/2(442)/2018-RTI Dated 12 October, 2018 (copy enclosed) forwarded the information received from the concerned Section of this Secretariat well within the prescribed period. Furthermore, the then First Appellate Authority in this 3 Secretariat had in response to the First Appeal Dated 20.11. 2018 received on 29.11.2018 from the applicant, vide his Order Dated 28.12.2018 (copy enclosed) informed him that the CPIO's reply is in Order and there is no information available with this Secretariat to be given to the appellant other than as already informed to him by the CPIO of this Secretariat.
4. Nevertheless, the application was sent once again for assistance to concerned Sections, whose replies are enclosed"
Having not received any reply of the CPIO, the appellant filed a First Appeal dated 25.09.2022. FAA's order, if any, is not available on record. Feeling aggrieved and dissatisfied, the appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerging during Hearing:
The following were present:-
Appellant: Present through audio conference.
Respondent: Sanjeev Chandra, CPIO along with Mohd. Salamuddin, Addl. Director present in person.
The Appellant was heard at length and his written submissions and rejoinder were perused.
The CPIO also invited attention of the bench to his written submissions wherein he has emphasised on the repetitive nature of the Appellant's RTI Applications and Appeal(s) and his own admission fortifying the said allegation in the text of the instant RTI Application.
Decision:
The Commission over the course of time has decided several matters filed by the Appellant ( accessible here at https://cic.gov.in/ ) and a common observation in most of these cases has been the sheer incoherence and yet mammoth contents placed on record by the Appellant making the exercise of deducing of what relief is desired by him under the RTI Act impossible. The Appellant has also been extensively advised on multiple occasions regarding the ambit of the RTI Act and what "information" stands for within the RTI framework. For the sake of brevity, none of the earlier observations are being reiterated here and it is observed that 4 the instant RTI Application also fails to qualify under Section 2(f) of the RTI Act and no relief amenable to the jurisdiction of the Commission under the RTI Act is being sought for in the Second Appeal, yet the CPIO & FAA have facilitated the Appellant with due diligence and have meticulously dealt with the RTI Application & First Appeal upholding the letter and spirit of the RTI Act.
The appeal is dismissed accordingly.
Saroj Punhani (सरोज पुनहािन) हािन) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स#यािपत ित) (C.A. Joseph) Dy. Registrar 011-26179548/ [email protected] सी. ए. जोसेफ, उप-पंजीयक दनांक / 5