Central Information Commission
Mrr Raveendran vs Ut Of Pondicherry on 8 August, 2016
CENTRAL INFORMATION COMMISSION
August Kranti Bhawan, Bhikaji Cama Place,
New Delhi110066
F. No.CIC/YA/C/2015/000252
CIC/YA/A/2016/000013
CIC/YA/C/2015/000251
Date of Hearing : 08.08.2016
Date of Decision : 08.08.2016
Appellant/Complainant : Shri M Lakshmi, Puducherry
Dr. R Raveendran, Puducherry
Respondent : CPIO, Jawaharlal Institute of Postgraduate
Medical Education & Research (JIPMER),
Puduchery
&
Ministry of Health, Delhi
Through:
Ms. R. Ganga, CPIO
Information Commissioner : Shri Yashovardhan Azad
Since both the parties are same in the above mentioned appeals, these appeals are clubbed
together for hearing and disposal to avoid multiplicity of the proceedings.
Relevant facts emerging from appeal:
Case No. RTI filed no. CPIO reply First appeal FAA order 2nd appeal filed
filed on
0252 27.02.2015 13.03.2015 Did not file No order 08.05.2015
(RTI was FA passed
transferred to
JIPMER. No
reply from
JIPMER)
0013 27.02.2015 13.03.2015 13.04.2015 22.05.2015 22.12.2015
(RTI was
&
transferred to
JIPMER) 25.05.2015
&
02.05.2015
0251 09.03.2015 No reply Did not file No order 08.05.2015
FA passed
CIC/YA/C/2015/000252
Information soughtand background of the case:
The complainant vide RTI application dated 27.02.2015 sought information under 6 points regarding number of Institute Body meetings, Governing Body meetings and their minutes held from 2008 onwards.
CPIO transferred the RTI application to JIPMER vide letter dated 13.03.2015. Upon non receipt of any response, the aggrieved complainant approached the Commission with the instant case. However, the prayer sought in the Complaint requires that the Complaint may be converted into a Second Appeal for efficacious remedy.
CIC/YA/A/2016/000013 Information sought and background of the case:
The instant appeal also arises out of the same RTI application dated 27.02.2015 as discussed in the aforementioned case seeking information regarding all the Institute Body meetings, all the Governing Body meetings minutes from 2008 onwards. CPIO vide letter dated 28.04.2015 furnished information point against points 1,2,3 & 4. The dissatisfied appellant preferred first appeal which was disposed of by the FAA vide order dated 22.05.2015 upholding the reply of the CPIO. Feeling aggrieved the appellant approached the Commission.
CIC/YA/C/2015/000251 Information sought and background of the case:
The complainant vide RTI application dated 09.03.2015 sought information as follows:
Certified copies of the all the Governing Body Meetings minutes, all the Institute Body Meetings, all the Standing Finance Committee Meetings minutes of the JIPMER Institute held from 2008 to till date.
CPIO did not respond to the RTI application. Upon non receipt of reply, the aggrieved complainant approached the Commission. The prayer sought in the Complaint requires that the Complaint may be converted into a Second Appeal for efficacious remedy.
Relevant facts emerging during hearing:
During the hearing the Respondent appeared while the information seekers were absent. The queries asked in all three cases are almost similar in nature and hence all three cases are heard and adjudicated together. The CPIO has stated that out of the information sought by the information seekers, those that were available on record have been provided. However, the softcopies of the information has not been furnished reasoning that the same were sensitive information and relevant part of the information may be redacted if clearly pointed out by the appellants. It has also been pointed out that information sought is huge, non specific and spread over and hence it was not possible to identify the relevant portion of information sought by the information seekers.
Decision:
After hearing the Respondent and perusal of record, the Commission finds that the range of information sought by the appellants in the three cases at hand indicates attempts of data mining by the information seekers. The appellants, absent during the hearing sought huge volume of information spread over various sources. Collating of such large proportion of information will inevitably lead to disproportional diversion of resources, as discussed under Section 7(9) of the RTI Act. It is a settled position of law, which has been repeatedly confirmed by the Courts of law and even by the Apex Court in the case of CBSE vs. Aditya Bandopadhyay, (2011) 8 SCC 497 that:
"............... the Act does not cast an obligation upon the public authority, to collect or collate such non available information and then furnish it to an applicant.
......................... The nation does not want a scenario where 75% of the staff of public authorities spends 75% of their time in collecting and furnishing information to applicants instead of discharging their regular duties. ...."
Consequently, it is seen that information as was readily available has already been provided in the case number CIC/YA/A/2016/000013 & CIC/YA/A/2016/000252. In the case of CIC/YA/A/2016/000251, the communication dated 09.05.2016 as has been placed on record by the Respondent, is directed to be supplied to the Appellant within a week of receipt of this order, with a copy marked to the Commission. Remaining information needs to be collated from various sources and constitutes voluminous information. The Appellants are not present to contest the arguments of the Respondents. Hence no further action needs to be taken by the Respondent.
The appeals are disposed of accordingly.
(Yashovardhan Azad) Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges prescribed under the Act to the CPIO of this Commission.
(R.P.Grover) Designated Officer Copy to: Central Public Information Officer under RTI Public Information Officer under RTI CPIO & Under Secretary, Nodal Officer - RTI Cell, Ministry of Health & Family Welfare, Office of the Director, Nirman Bhawan, JIPMER, Dhanvantri Nagar, New Delhi-110001. Gorimedu, Puducherry605006.
First Appellate Authority under RTI Shri M. Lakshmi Dean (Admin. Matters), No.-58, JIPMER, Main Road, Administration Section, Ganapati Chetty Kulam, Dhanvantri Nagar, Puducherry-605014. Gorimedu, Puducherry-605006.
Central Public Information Officer under RTI CPIO & Under Secretary, Ministry of Health & Family Welfare, Nirman Bhawan, New Delhi-110001.
Public Information Officer under RTI Nodal Officer - RTI Cell, Office of the Director, JIPMER, Dhanvantri Nagar, Gorimedu, Puducherry605006.
First Appellate Authority under RTI Dean (Admin. Matters), JIPMER, Administration Section, Dhanvantri Nagar, Gorimedu, Puducherry-605006.
Shri M. Lakshmi No.-58, Main Road, Ganapati Chetty Kulam, Puducherry-605014.