Central Information Commission
Sita Ram Sharma vs North Western Railway on 12 December, 2019
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/NWRLY/A/2018/124436
Sita Ram Sharma ... अपीलकता/Appellant
VERSUS
बनाम
CPIO, M/o. Railway, North ... ितवादीगण /Respondent
Western Railway, Jodhpur.
Relevant dates emerging from the appeal:
RTI : 03-09-2017 FA : 21-11-2017 SA: 17-04-2018
CPIO : 09-10-2017 FAO : 07-12-2017 Hearing: 09-12-2019
ORDER
1. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), M/O. Railways, North Western Railway, Jodhpur seeking following information:-
"1. Attested copy of reports based on which subject matter Railway lines were closed and demolished.
2. Attested copy of feasibility report to extend the Jaipur- Todaraisingh Rly line upto Rajsamand via Kekri, Bhilwara and Kankroli(Rajasthan).Page 1 of 5
3. Attested copy of feasibilty report to reconstruct the Salwa- Bilada Rly Line and change it into Broad Guage.
4. Attested copy of feasibility report to construct Dausa to Gangapur Rly line"
2. The CPIO responded on 09.10.2017. The appellant filed the first appeal dated 21.11.2017 which was disposed of by the first appellate authority on 07.12.2017. 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 and also to direct him to provide the sought for information.
Hearing:
3. The appellant, Mr. Sita Ram Sharma did not attend the hearing despite notice. Mr. Raju Mathur, Executive Engineer participated in the hearing representing the respondent through video conferencing. The written submissions are taken on record.
4. The respondent informed the Commission that appellant limited his query only to point nos.1 and 3 of the RTI application in Second Appeal which is related to Salwa-Bilda Railway line and pertains to Jodhpur division. The respondent submitted that the information/documents sought by the appellant in his RTI application is presumptive in nature and not governed under Section 2(f) of the RTI Act. He further submitted that the presumptive information sought for by the appellant is not available with them, the said status has been intimated to the appellant vide their letter dated 09.10.2017.
Decision:
5. This Commission after considering the submission of the respondent and perusal of records observes that in terms of the provisions of the RTI Act, 2005, the CPIO is not supposed to create information; or to interpret information; or to solve problems raised by the appellant; or to furnish replies to situational queries;Page 2 of 5
or to furnish clarifications. The CPIO only provides information available on record with him or held by him.
The Commission referred to the definition of information u/s Section 2(f) of the RTI Act, 2005 which is reproduced below:
"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 was made to the Hon'ble Supreme Court decision in 2011 (8) SCC 497 (CBSE and Anr. Vs. Aditya Bandopadhyay and Ors), 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."Page 3 of 5
Furthermore, the Hon'ble Supreme Court of India in Khanapuram Gandaiah Vs. Administrative Officer and Ors. Special Leave Petition (Civil) No.34868 OF 2009 (Decided on January 4, 2010) had held as under:
6. "....Under the RTI Act "information" is defined under Section 2(f) which provides:
"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." This definition shows that an applicant under Section 6 of the RTI Act can get any information which is already in existence and accessible to the public authority under law.
6. The Commission notes that in the instant appeal appellant has sought presumptive information which could not be provided to the appellant as presumptive information is no information under Section 2(f) of the RTI Act. Hence, no further intervention of the Commission is required in the matter.
7. With the above observations, the appeal is disposed of.
8. Copy of the decision be provided free of cost to the parties.
नीरज कु मार गु ा)
Neeraj Kumar Gupta (नीरज ा
सूचना आयु )
Information Commissioner (सू
दनांक / Date 09-12-2019
Authenticated true copy
(अिभ मािणत स यािपत ित)
S. C. Sharma (एस. सी. शमा),
Dy. Registrar (उप-पंजीयक),
(011-26105682)
Page 4 of 5
Addresses of the parties:
1. The CPIO,
M/o. Railway, Nodal PIO, North Western Railway, RTI Cell, DRM's Office, Jodhpur Divn., Jodhpur, Rajasthan-342001.
2. Mr. Sita Ram Sharma Page 5 of 5