Central Information Commission
Prof Swapan Garain vs Ministry Of Human Resource Development on 6 December, 2021
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 Nos.: (As per Annexure)
Prof. Swapan Garain ......अपीलकता /Appellant
VERSUS
बनाम
CPIO,
Tata Institution of Social
Sciences, RTI Cell, V.N.Purav
Marg, Deonar, Mumbai - 400088,
Maharashtra. .... ितवादीगण /Respondent
Date of Hearing : 02/12/2021
Date of Decision : 02/12/2021
INFORMATION COMMISSIONER : Saroj Punhani
Relevant facts emerging from appeal:
S.No File RTI CPIO First FAA Order Second
No. Application replied onAppeal dated Appeal
filed on filed on filed on
1. 668972 13/01/2020 08/04/2020 07/03/2020 Not on 25/04/2020
record
2. 669069 11/09/2019 15/11/2019 29/11/2019 03/03/2020 27/04/2020
1
3. 669133 13/01/2020 08/04/2020 07/03/2020 Not on 28/04/2020
record
4. 669208 13/01/2020 08/04/2020 07/03/2020 Not on 28/04/2020
record
5. 669277 12/10/2019 29/10/2019 02/11/2019 09/01/2020 29/04/2020
6. 669286 12/10/2019 29/10/2019 02/11/2019 09/01/2020 29/04/2020
7. 669351 12/10/2019 29/10/2019 02/11/2019 09/01/2020 29/04/2020
8. 669528 13/01/2020 08/04/2020 08/03/2020 Not on 03/05/2020
record
9. 669701 13/01/2020 08/04/2020 08/03/2020 Not on 05/05/2020
record
10. 670030 13/01/2020 08/04/2020 08/03/2020 Not on 08/05/2020
record
11. 668988 13/01/2020 08/04/2020 07/03/2020 Not on 26/04/2020
record
12. 672536 13/01/2020 08/04/2020 09/03/2020 Not on 02/06/2020
record
13. 672934 13/01/2020 08/04/2020 09/03/2020 Not on 05/06/2020
record
File No. CIC/MOHRD/A/2020/668972
Information sought:
The Appellant filed an RTI application dated 13.01.2020 seeking information as under:
"In 2006, it was brought to the Institutes notice that Dr. Garain had been diverting the organizations which were recruiting TISS graduates to other Institutes of Social Work for financial consideration. In this connection provide certified copy of supporting documents of :-
1. Financial consideration, as referred in the above statement.
2. Document(s) that brought to Institutes notice about the aforesaid allegation.
3. About other institutes of social work to whom recruiting organizations were diverted.
4. About the person or organization that brought to Institutes notice.
5. Copies of memos, reports, emails, and letters along with internal notings in this regard."2
The CPIO replied to the appellant on 08.04.2020 stating that the information is not available in the records.
Being dissatisfied, the appellant filed a First Appeal dated 07.03.2020. FAA's order, if any, is not available on record.
File No : CIC/MOHRD/A/2020/669069 Information sought:
The Appellant filed an RTI application dated 11.09.2019 seeking information as under:
"Certified copy of the TISS Memos/letters with internal notings/comments by concerned TISS officials including Director, Deputy Director(s), Registrar, Dean, School Chairperson, etc., leading to the decision to suspend Dr. Swapan Garain, Professor, TISS with effect from 29.03.2016."
The CPIO replied to the appellant on 15.11.2019 stating that the information sought is not specific.
Being dissatisfied, the appellant filed a First Appeal dated 29.11.2020. FAA's order dated 03.03.2020 transferred the appeal to TISS.
File No : CIC/MOHRD/A/2020/669133 Information sought:
The Appellant filed an RTI application dated 13.01.2020 seeking the following information about a statement referred about him in the second paragraph of the letter no. Reg 2017 dated March 21, 2017 addressed to the Department of Higher Education, Government of India, by Mr. C P Mohan Kumar, Registrar, Tata Institute of Social Sciences, Mumbai- 'It was further noticed that he continued with this activity.'
1. Certified copy of supporting document(s) of his continuing with that activity, as referred in the above statement.
2. Certified copies of memos, reports, emails, and letters along with internal noting on those, with regard to the above noted statement.3
The CPIO replied to the appellant on 08.04.2020 the information sought is not available on record.
Being dissatisfied, the appellant filed a First Appeal dated 07.03.2020. FAA's order, if any, is not available on record.
File No : CIC/MOHRD/A/2020/669208 The Appellant filed an RTI application dated 13.01.2020 seeking information with regard to the following statement referred to in the second paragraph of letter No. Reg 2017 dated March 21, 2017 addressed to the Department of Higher Education, Government of India, by Mr. C P Mohan Kumar, Registrar, Tata Institute of Social Sciences, Mumbai:
'Honble Member of Parliament and National Vice President, Dr. Vinay Sahasrabudhe narrated an incident concerning his organiza_on Rambhau Mhagli Prabhodhini (RMP). Dr. Garain informed Dr. Sahasrabudhe that he will recruit TISS graduates for RMP and took money. A few months later, he informed Dr. Sahasrabudhe that TISS Governing Board has refused to recruit students for RMP stating that RMP is a right wing organization. This is informed to the Director by Dr. Sahasrabudhe during his discussions with the Director.'
1. Certified copy of the date, time, venue and agenda of the discussion meeting between Dr. Vinay Sahasrabudhe and Institute Director and the other officials present, if any in the said meeting.
2. Certified copy of the minutes or proceedings of the said discussion meeting between Dr. Vinay Sahasrabudhe and Institute Director.
3. Certified copy of the internal communication/noting and/or emails received by Mr. C P Mohan Kumar from the Institute Director, briefing him about the said discussion meeting.
The CPIO replied to the appellant on 08.04.2020 stating that:
4Being dissatisfied, the appellant filed a First Appeal dated 07.03.2020. FAA's order, if any, is not available on record.
File No : CIC/MOHRD/A/2020/669277 The Appellant filed an RTI application dated 12.10.2019 seeking information with reference to the following statement contained in a letter dated March 21, 2017 addressed to the MHRD, by Mr. C P Mohan Kumar, Registrar, Tata Institute of Social Sciences, Mumbai:
'Considering the nature of damage caused to the reputation of TISS and a> er careful consideration, Dr. Garain was placed under suspension and a commission of Inquiry is in progress. In the meantime Dr. Garain has been least co-operative. Instead of going through the process of Inquiry, he has written to the Honble local Member of Legislative Assembly and Honble Member of Parliament (Shri Rahul Shewale), and also filed a case in the Honble High Court of Mumbai (W.P. No. 10986 of 2016). The matter is now subjudice. The Director personally met the Honble Member of Legislative Assembly and the Honble Member of Parliament and explained the details of the case. Now we have realized that he has sent a report to the Chairman, National Commission for Denotified and Semi- Nomadic Tribes which has eventually been sent to the Honble Minister of Human Resource Development.'
1. Certified copy of the letter written by Dr. Garain to Hon'ble Member of Parliament (Shri Rahul Shewale).
2. Certified copy of the date, time, venue and agenda of the meeting between Institute Director and the Honble Member of Parliament (Shri Rahul Shewale), and the other officials from either side present, if any, in the said meeting.
3. Certified copy of the explanation given by the Institute Director to Hon'ble Member of Parliament (Shri Rahul Shewale), about the details of the case.
4. Certified copy of the internal communication, email received by Mr. C P Mohan Kumar from the Institute Director, briefing him about the said meeting.
The CPIO replied to the Appellant on 29.10.2019 stating as under:
"The desired information is not available with this public authority. It is informed that under the provisions of the RTI Act, 2005, only such information as is available and existing and held by the public authority or is under control of the 5 public authority can be provided. The CPIO is not supposed to create information that is not a part of the record. He is also not required to interpret information or furnish replies to hypothetical questions. Similarly, redressal of grievance, reasons for non compliance of rules/contesting the actions of the respondent public authority are outside the purview of the Act."
Being dissatisfied, the appellant filed a First Appeal dated 02.11.2019 praying that his RTI Application may be transferred to TISS. FAA's order dated 09.01.2020 directed the CPIO to transfer the RTI as desired by the Appellant.
File No : CIC/MOHRD/A/2020/669286 Information sought:
The Appellant filed an RTI application dated 12.10.2019 seeking information with reference to the following statement contained in a letter dated March 21, 2017 addressed to the MHRD, by Mr. C P Mohan Kumar, Registrar, Tata Institute of Social Sciences, Mumbai:
'Considering the nature of damage caused to the reputation of TISS and a> er careful consideration, Dr. Garain was placed under suspension and a commission of Inquiry is in progress. In the meantime Dr. Garain has been least co-operative. Instead of going through the process of Inquiry, he has written to the Honble local Member of Legislative Assembly and Honble Member of Parliament (Shri Rahul Shewale), and also filed a case in the Honble High Court of Mumbai (W.P. No. 10986 of 2016). The matter is now subjudice. The Director personally met the Honble Member of Legislative Assembly and the Honble Member of Parliament and explained the details of the case. Now we have realized that he has sent a report to the Chairman, National Commission for Denotified and Semi- Nomadic Tribes which has eventually been sent to the Honble Minister of Human Resource Development.'
1. Certified copy of the letter written by Dr. Garain to Hon'ble local Member of Legislative Assembly.
2. Certified copy of the date, time, venue and agenda of the meeting between Institute Director and the Hon'ble Member of Legislative Assembly, and the other officials from either side present, if any, in the said meeting.
3. Certified copy of the explanation given by the Institute Director to Hon'ble Member of Legislative Assembly, about the details of the case, as referred in the above statement.6
4. Certified copy of the internal communication, email received by Mr. C P Mohan Kumar from the Institute Director, briefing him about the said meeting.
The CPIO replied to the Appellant on 29.10.2019 stating as under:
"The desired information is not available with this public authority. It is informed that under the provisions of the RTI Act, 2005, only such information as is available and existing and held by the public authority or is under control of the public authority can be provided. The CPIO is not supposed to create information that is not a part of the record. He is also not required to interpret information or furnish replies to hypothetical questions. Similarly, redressal of grievance, reasons for non compliance of rules/contesting the actions of the respondent public authority are outside the purview of the Act."
Being dissatisfied, the appellant filed a First Appeal dated 02.11.2019 praying that his RTI Application may be transferred to TISS. FAA's order dated 09.01.2020 directed the CPIO to transfer the RTI as desired by the Appellant.
File No : CIC/MOHRD/A/2020/669351 Information sought:
The Appellant filed an RTI application dated 12.10.2019 seeking information with reference to the following statement contained in a letter dated March 21, 2017 addressed to the MHRD, by Mr. C P Mohan Kumar, Registrar, Tata Institute of Social Sciences, Mumbai:
'Considering the nature of damage caused to the reputation of TISS and a> er careful consideration, Dr. Garain was placed under suspension and a commission of Inquiry is in progress. In the meantime Dr. Garain has been least co-operative. Instead of going through the process of Inquiry, he has written to the Honble local Member of Legislative Assembly and Honble Member of Parliament (Shri Rahul Shewale), and also filed a case in the Honble High Court of Mumbai (W.P. No. 10986 of 2016). The matter is now subjudice. The Director personally met the Honble Member of Legislative Assembly and the Honble Member of Parliament and explained the details of the case. Now we have realized that he has sent a report to the Chairman, National Commission for Denotified and Semi- Nomadic Tribes which has eventually been sent to the Honble Minister of Human Resource Development.' 7
1. Certified copy of details (with supporting document including letters seeking postponements of inquiry date by Dr. Garain and by the TISS Presenting officer), about Dr. Garain being least cooperative in the inquiry, as referred in the above statement.
2. Certified copy of details of date wise inquiry process (including date of hearing, attendance of Dr. Garain, Name of documentary evidence presented, name of witness presented, charge established on that day), with regard to Dr. Garain being least cooperative in the inquiry, as referred in the above statement.
The CPIO replied to the Appellant on 29.10.2019 stating as under:
"The desired information is not available with this public authority. It is informed that under the provisions of the RTI Act, 2005, only such information as is available and existing and held by the public authority or is under control of the public authority can be provided. The CPIO is not supposed to create information that is not a part of the record. He is also not required to interpret information or furnish replies to hypothetical questions. Similarly, redressal of grievance, reasons for non compliance of rules/contesting the actions of the respondent public authority are outside the purview of the Act."
Being dissatisfied, the appellant filed a First Appeal dated 02.11.2019 praying that his RTI Application may be transferred to TISS. FAA's order dated 09.01.2020 directed the CPIO to transfer the RTI as desired by the Appellant.
File No : CIC/MOHRD/A/2020/669528 Information sought:
The Appellant filed an RTI application dated 13.01.2020 seeking information with reference to the following statement contained in a letter dated March 21, 2017 addressed to the MHRD, by Mr. C P Mohan Kumar, Registrar, Tata Institute of Social Sciences, Mumbai:
'Honble Member of Parliament and National Vice President, Dr. Vinay Sahasrabudhe narrated an incident concerning his organization Rambhau Mhagli Prabhodhini (RMP). Dr. Garain informed Dr. Sahasrabudhe that he will recruit TISS graduates for RMP and took money. A few months later, he informed Dr. Sahasrabudhe that TISS Governing Board has refused to recruit students for RMP 8 stating that RMP is a right-wing organization. This is informed to the Director by Dr. Sahasrabudhe during his discussions with the Director.'
1. Certified copy of the date, time and venue of the incident of Dr Garain meeting Dr. Vinay Sahasrabudhe, and the other RMP official or individuals Present.
2. Certified copy of supporting document(s) of Dr Garain receiving money from Dr. Vinay Sahasrabudhe, Rambhau Mhagli Prabhodhini.
3. Certified copy of letters or email communication between Dr. Vinay Sahasrabudhe, Rambhau Mhagli Prabhodhini and Dr Garain regarding recruitment of TISS students for RMP.
Being dissatisfied, the appellant filed a First Appeal dated 08.03.2020. FAA's order, if any, is not available on record.
The CPIO replied to the appellant on 08.04.2020 stating that the information sought is not the record.
File No : CIC/MOHRD/A/2020/669701 Information sought:
The Appellant filed an RTI application dated 13.01.2020 seeking information with reference to the following statement contained in a letter dated March 21, 2017 addressed to the MHRD, by Mr. C P Mohan Kumar, Registrar, Tata Institute of Social Sciences, Mumbai:
'Honble Member of Parliament and National Vice President, Dr. Vinay Sahasrabudhe narrated an incident concerning his organization Rambhau Mhagli Prabhodhini (RMP). Dr. Garain informed Dr. Sahasrabudhe that he will recruit TISS graduates for RMP and took money. A few months later, he informed Dr. Sahasrabudhe that TISS Governing Board has refused to recruit students for RMP stating that RMP is a right-wing organization. This is informed to the Director by Dr. Sahasrabudhe during his discussions with the Director.'
1. Certified copy of letters and email communication between Dr Garain (as Convener, Career Guidance and Placement Cell, TISS) and Dr. Vinay Sahasrabudhe, Rambhau Mhagli Prabhodhini regarding recruitment of TISS students for RMP.9
2. Certified copy of payment received by TISS as placement fee from Rambhau Mhagli Prabhodhini while receiving RMP Placement Requisition Form for taking part in TISS Campus Placement.
3. Certified copy of letter, email regarding Dr Garain, informing Dr. Vinay Sahasrabudhe, RMP about TISS Governing Board refusing to recruit TISS students for RMP on the ground that RMP is a right wing organization.
4. Certified copy of supporting document(s) of TISS allowing or disallowing any right wing organization in taking part in TISS Campus Placement in any of the Schools at TISS Mumbai.
Being dissatisfied, the appellant filed a First Appeal dated 08.03.2020. FAA's order, if any, is not available on record.
The CPIO replied to the appellant on 08.04.2020 stating that the information sought is not on record.
File No : CIC/MOHRD/A/2020/670030 Information sought:
The Appellant filed an RTI application dated 13.01.2020 seeking information with reference to the following statement contained in a letter dated March 21, 2017 addressed to the MHRD, by Mr. C P Mohan Kumar, Registrar, Tata Institute of Social Sciences, Mumbai:
'Following this incident, one of our senior alumni, Mr. Ramakumar called the Director to inform about Mr. Garains activities through whatsapp group soliciting business of placement in the name of TISS.'
1. Certified copy of details of date, time and duration of telephone call between Mr. Ramakumar and the Director, along with respective telephone numbers used for making and receiving the call, as referred in the above statement.
2. Certified copy of the internal communication/noting and/or emails received by Mr. C P Mohan Kumar from the Institute Director, briefing him about the said call.
3. Certified copy of cheque, receipt or payment acknowledgement given by Mr. Garain for personally receiving any placement fee or payment out of business of placement.10
4. Certified copy of details of job placement (including name of students or candidates, name of recruiting organizations, designation, reporting officer, and salary offered) done by Mr. Garain through business of placement in the name of TISS, for personal monitory gain.
Being dissatisfied, the appellant filed a First Appeal dated 08.03.2020. FAA's order, if any, is not available on record.
The CPIO replied to the appellant on 08.04.2020 stating that the information sought is not available on record.
File No : CIC/MOHRD/A/2020/668988 Information sought:
The Appellant filed an RTI application dated 11.01.2019 seeking information with reference to the following statement contained in a letter dated March 21, 2017 addressed to the MHRD, by Mr. C P Mohan Kumar, Registrar, Tata Institute of Social Sciences, Mumbai:
'Following this information, he was removed from this position and the Institute gave strict instructions to him not to indulge in any unethical and unprofessional activities.'
1. Certified copy of Institute Letter/Order removing him from that position, as referred in the above statement.
2. Certified copy of Institute Letter/Order giving him strict instructions not to indulge in any unethical and unprofessional activities, as referred in the above statement.
3. Certified copies of memos, reports, emails, and letters along with internal noting on those, with regard to the above noted statement.
The CPIO replied to the appellant on 08.04.2020 providing the information on all points.
Being dissatisfied, the appellant filed a First Appeal dated 07.03.2020. FAA's order, if any, is not available on record.
File No : CIC/MOHRD/A/2020/672536 11 Information sought:
The Appellant filed an RTI application dated 13.01.2020 seeking information with reference to the following statement contained in a letter dated March 21, 2017 addressed to the MHRD, by Mr. C P Mohan Kumar, Registrar, Tata Institute of Social Sciences, Mumbai:
'Considering the nature of damage caused to the reputation of TISS and a> er careful consideration, Dr. Garain was placed under suspension and a commission of Inquiry is in progress. In the meantime Dr. Garain has been least co-operative. Instead of going through the process of Inquiry, he has written to the Honble local Member of Legislative Assembly and Honble Member of Parliament (Shri Rahul Shewale), and also filed a case in the Honble High Court of Mumbai (W.P. No. 10986 of 2016). The matter is now subjudice. The Director personally met the Honble Member of Legislative Assembly and the Honble Member of Parliament and explained the details of the case. Now we have realized that he has sent a report to the Chairman, National Commission for Denotified and Semi- Nomadic Tribes which has eventually been sent to the Honble Minister of Human Resource Development.'
1. Certified copy of details of nature of damage caused to the reputation of TISS, with details of specific instances encountered by Mr. C P Mohan Kumar in that regard.
2. Certified copy of details of financial loss caused to TISS, due to Dr. Garain.
3. Certified copy of details of considerations (that is specific grounds for suspension as prescribed in service rules), under careful consideration for placing Dr. Garain under suspension.
The CPIO replied to the appellant on 08.04.2020 stating that the information sought is not available on record.
Being dissatisfied, the appellant filed a First Appeal dated 09.03.2020. FAA's order, if any, is not available on record.
File No : CIC/MOHRD/A/2020/672934 Information sought:
The Appellant filed an RTI application dated 13.01.2020 seeking information with reference to the following statement contained in a letter dated March 21, 2017 12 addressed to the MHRD, by Mr. C P Mohan Kumar, Registrar, Tata Institute of Social Sciences, Mumbai:
'Following this incident, one of our senior alumni, Mr. Ramakumar called the Director to inform about Mr. Garains activities through whatsapp group soliciting business of placement in the name of TISS.'
1. Certified copy of letters and emails communication by Mr. Garain soliciting business of placement in the name of TISS, for personal monetary gain.
2. Certified copy of details of recruiting organizations (Name and designation of the official approached, name of the recruiting organization, date of contacting, jobs generated, and fees asked/received) who were approached by Mr. Garain for soliciting business of placement in the name of TISS, for personal monetary gain.
3. Certified copy of details of job offers notified (including name of recruiting organizations, name and designation of contact person from the recruiting organization, number of vacancy positions, and salary offered) by Mr. Garain through business of placement in the name of TISS, for personal monetary gain.
4. Certified copy of bills, invoice, or demand note raised by Mr. Garain for the recruiting organization, as placement fee against business of placement in the name of TISS, for personal monetary gain.
The CPIO replied to the appellant on 08.04.2020 stating that the information sought is not available on record.
Being dissatisfied, the appellant filed a First Appeal dated 08.03.2020. FAA's order, if any, is not available on record.
Feeling aggrieved and dissatisfied with non-receipt of desired information, appellant approached the Commission with the instant set of Second Appeal(s).
Relevant Facts emerging during Hearing:
The following were present:-
Appellant: Present through audio conference.
Respondent: Shahaji Chavan, Administrative Officer & PIO present through audio conference.
The Commission remarked at the outset that 12 other cases of the Appellant have been bunched with the instant matter for hearing as the same issues have been 13 raised in all these cases and with respect to some earlier appeals of the Appellant against UGC & TISS, this bench had adjudicated accordingly. It was therefore remarked that in all such cases, the Appellant has merely raised speculative queries based on the contents of a letter dated March 21, 2017 addressed to the Department of Higher Education, Government of India, by Mr. C P Mohan Kumar, Registrar, Tata Institute of Social Sciences, Mumbai relating to his suspension etc. The Appellant although did not contest the bunching of the cases but expressed his dissatisfaction with the observations of the Commission regarding speculative queries being raised in his RTI Applications and argued that he has asked for specific information rather in terms of letters alleged to have been written by him among other similar statements contained in the averred letter. He expressed his dissatisfaction with the fact that an esteemed organisation like TISS cannot be making statements and then deny having documents related to such statements and insisted to know as to how TISS does not have the information desired by him. With particular reference to point no.1 of the RTI Application referred to in Case No.5 viz. File No. CIC/MOHRD/A/2020/669277, the Appellant vehemently questioned the tenability of CPIO's claim of unavailability of the letter which was said to have been written by him to the Hon'ble Member of Parliament (Shri Rahul Shewale).
Decision:
In furtherance of the observations of the Commission made during the hearing, the Appellant shall note that outstretching the interpretation of Section 2(f) of the RTI Act to include deductions and inferences to be drawn by the CPIO is unwarranted as it casts immense pressure on the CPIOs to ensure that they provide the correct deduction/inference to avoid being subject to penal provisions under the RTI Act.
In this regard, his attention is drawn towards a judgment of the Hon'ble Supreme Court on the scope and ambit of Section 2(f) of RTI Act in the matter of CBSE vs. Aditya Bandopadhyay & Ors [CIVIL APPEAL NO.6454 of 2011] wherein it was held as under:
"35. At this juncture, it is necessary to clear some misconceptions about the RTI Act. The RTI Act provides access to all information that is available and existing.........A public authority is also not required to furnish information which require drawing of inferences and/or making of assumptions. It is also not required to provide `advice' or `opinion' to an applicant, nor required to obtain 14 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." (Emphasis Supplied) Further, the Commission observes that the issues raised by the Appellant during the hearing questioning the veracity of the non-availability of the letters/documents referred to by him in the RTI Application are not amenable to the jurisdiction of the Commission under the RTI Act and the superior Courts have made observations to this effect in a catena of judgments over the course of time.
In particular, reference may be had of a judgment of the Hon'ble High Court of Delhi in the matter of Hansi Rawat and Anr. v. Punjab National Bank and Ors. (LPA No.785/2012) dated 11.01.2013 wherein it has been held as under:
"6. The proceedings under the RTI Act do not entail detailed adjudication of the said aspects. The dispute relating to dismissal of the appellant No.2 LPA No.785/2012 from the employment of the respondent Bank is admittedly pending consideration before the appropriate fora. The purport of the RTI Act is to enable the appellants to effectively pursue the said dispute. The question, as to what inference if any is to be drawn from the response of the PIO of the respondent Bank to the RTI application of the appellants, is to be drawn in the said proceedings and as aforesaid the proceedings under the RTI Act cannot be converted into proceedings for adjudication of disputes as to the correctness of the information furnished."(Emphasis Supplied) The aforesaid rationale finds resonance in another judgment of the Hon'ble Delhi High Court in the matter of Govt. of NCT of Delhi vs. Rajender Prasad (W.P.[C] 10676/2016) dated 30.11.2017 wherein it was held as under:
"6. The CIC has been constituted under Section 12 of the Act and the powers of CIC are delineated under the Act. The CIC being a statutory body has to act strictly within the confines of the Act and is neither required to nor has the jurisdiction to examine any other controversy or disputes."(Emphasis Supplied) While, the Apex Court in the matter of Union of India vs Namit Sharma (Review Petition [C] No.2309 of 2012) dated 03.09.2013 observed as under:15
"20. ...While deciding whether a citizen should or should not get a particular information "which is held by or under the control of any public authority", the Information Commission does not decide a dispute between two or more parties concerning their legal rights other than their right to get information in possession of a public authority...." (Emphasis Supplied) And, the Hon'ble Delhi High Court in the matter of Income Tax Officer vs. Gurpreet Kaur (W.P.[C] 2113/2019) dated 21.10.2019 has placed reliance on the aforesaid observation of the Apex Court in Namit Sharma's case to emphasize as under:
"8. In light of the judgment of the Supreme Court, the powers of the Commission are confined to the powers as stated in the RTI Act...."
In view of the foregoing observations, no action is warranted with respect to the replies/information provided by the CPIO.
Nonetheless, to allay the apprehensions of the Appellant with reference to point no.1 of the RTI Application referred to in Case No.5, the CPIO is directed to file an appropriate affidavit stating to this effect that the averred letter is not available on record. The said affidavit shall be sent to the Commission within 15 days from the date of receipt of this order with a copy duly endorsed to the Appellant.
The appeal(s) are disposed of accordingly.
Saroj Punhani (सरोजपुनहािन) हािन) Information Commissioner (सूचनाआयु ) Authenticated true copy (अिभ मािणत स#यािपत ित) (C.A. Joseph) Dy. Registrar 011-26179548/ [email protected] सी. ए. जोसेफ, उप-पंजीयक दनांक / 16 ANNEXURE S.No FILE Nos.
1. CIC/MOHRD/A/2020/668972
2. CIC/MOHRD/A/2020/669069
3. CIC/MOHRD/A/2020/669133
4. CIC/MOHRD/A/2020/669208
5. CIC/MOHRD/A/2020/669277
6. CIC/MOHRD/A/2020/669286
7. CIC/MOHRD/A/2020/669351
8. CIC/MOHRD/A/2020/669528
9. CIC/MOHRD/A/2020/669701
10. CIC/MOHRD/A/2020/670030
11. CIC/MOHRD/A/2020/668988
12. CIC/MOHRD/A/2020/672536
13. CIC/MOHRD/A/2020/672934 17