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RTI >> Judgments >> CIC >> Definition of Information
Supreme Court(Definition of Information)/ High Courts(Definition of Information)
16 CIC/MSTCH/A/2018/632228
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04 Jan, 2019 Gagan Kumar Sharma Vs. CPIO, Deptt. of Science and Technology, New Delhi

Information requested
The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Department of Science & Technology, New Delhi seeking information on four points pertaining to the INSPIRE Fellowship awarded by the Department of Science and Technology, including, inter alia, (i) marks distribution of all candidates selected for final offer letter under INSPIRE Fellowship in response to the Advertisement published in August 2017 pertaining to 1) Academic Merit, 2) Host Institute and Supervisor and 3) Research Proposal of School of Physics, University of Hyderabad including, inter-alia, (i) statement of marks of all selected candidates for INSPIRE Fellowship offer letter and (ii) names of all the faculty members in expert committee/panel of INSPIRE Fellowship scheme, Department of Science & Technology, India.

The Commission accepts the stand of the respondent that the RTI Act is not the proper law for redressal of grievances and that there are other appropriate fora for resolving such matters. Hence, no further action is required in the matter. With the above observations, the appeal is disposed of.
17 CIC/IDBIL/A/2017/157369
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21 Dec, 2018 C.D. Sounder Rajan Vs. CPIO: IDBI Bank Limited, Regd. Office, Cuffe Parade, Mumbai

Information Sought
The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), IDBI Bank Limited, Regd. Office, WTC Complex, Cuffe Parade, Mumbai, seeking information on seven points, including, inter-alia (i) the reason why the net loss of IDBI Bank Ltd. in the fourth quarter widened to 3200 crores as on 31 March, 2017 against 1736 crores a year ago and the action taken in this regard, and (ii) the reason why the operating profit fell to Rs. 1389 crores from Rs. 1595 crore for the full year and the action taken in this regard.

The Commission, after hearing the submissions of the respondent and perusing the records, observes that the respondent no. 2 has denied the information sought vide point nos. 1, 2, 3, 5 and 6 of the RTI application on the grounds that the information sought is in the nature of queries, and hence, does not fall within the definition of ‘information’ as per Section 2(f) of the RTI Act. The Commission, however, observes that perhaps, the IDBI Management must have recorded the reasons for Net Loss of IDBI Bank for FYs 2016 and 2017, rise in Gross NPA of the Bank and the action taken by the Bank to increase its profits. In case it is so,IDBI Bank Ltd. is obliged to provide the same to the appellant.

The Commission, however, notes that the Notice for Hearing served upon the appellant was returned undelivered to the Commission with the remark “Deceased”. In view of the death of the appellant and the Commission’s Circular F.No. 2/Management regulation2007/CIC-MR dated 18.06.2018, the Commission directs the respondent to publish the information sought vide point nos. 1, 2, 3, 5 and 6 of the RTI application, as per the available records, suo-motu on their website, within a period of four weeks from the date of receipt of a copy of this order under intimation to the Commission.

With the above observations, the appeal is disposed of.

Copy of the decision be provided free of cost to the parties.

18 CIC/RBIND/C/2017/123750
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20 Nov, 2017 Shailesh Gandhi Vs CPIO, RBI, Central Office, Mumbai.

ISSUE : The appellant submitted a complaint u/s 18(1)(f) of RTI Act, 2005 to the Commission against the ‘Disclosure Policy’ issued by the RBI on its website containing a list of information which shall not be given.
DECISION : The instant complaint under section 18(1)(f) of the Act which was based on assumptions and apprehensions of complainant without any conclusive attempt at exercising the right to information was not maintainable. ……..moreover the complainant could not substantiate the reasons for not filing an RTI application with the Public Authority before filing a complaint with the Commission.
The complaint is accordingly dismissed.
19 CIC/POSTS/A/2017/308521
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31 Jul, 2017 Vinayak Ganpatrao Ingle Vs. PIO, Department of Posts

The appellant sought information on copies of the order of the official relieved for the purpose of training at Postal Training Center, Vadodara along with office note and actual relief of the official; copies of all correspondence received and made with PMG, Nagpur and the CPMG, Maharashtra Circle. CPIO demanded a sum of Rs. 96/- in order to provide all the information sought. First appeal was filed that incomplete information was provided. FAA disposed the appeal with a direction to the CPIO to provide all available information/records within 30 days. Being dissatisfied, the appellant approached this Commission. The Commission direct the respondent authority to facilitate inspection of the files concerning training at Postal Training Center, Vadodara and provide the certified copies of the rulings to the appellant. Any rejection of informat directs the respondent authority to publicise the rule of the Dept. of Posts regarding preservation period of records and period within which an applicant can complain about non-delivery about an article/registered post etc. and send the compliance report to the Commission.
20 CIC/DEPOL/A/2016/305523
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20 Jul, 2017 Shri Jitendra Kumar Vs. CPIO, Delhi Police, O/o DCP, West District, P.S. Rajouri Garden, New Delhi-110 027

The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), O/o the DCP, Rajouri Garden, Delhi Police seeking information pertaining to the action taken on his complaint dated 10.03.2016.

The Commission, after hearing the submissions of both the parties and perusing the records, observes that the appellant has alleged that copies of complete documents in connection with the inquiry conducted on his complaint have not been provided to him by the respondent. The Commission, therefore, directs the respondent to allow the appellant to inspect all relevant records pertaining to his complaint dated 10.03.2016 on a mutually decided date and time and to provide photocopies of the requisite documents, as per the provisions of the RTI Act. The above directions shall be complied with, within a period of six weeks from the date of receipt of a copy of this order.
21 CIC/BS/A/2016/000209/MP
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30 Mar, 2017 Shri K S Reddy, West Godavari (A.P.) Vs. NPCCL, Faridabad

Shri K S Reddy, the appellant, sought the certified copies of the documents relating to the date of receipt of judgment of Hon’ble Delhi High Court in W.P. (C) No. 5111/1993, decision dated 08.04.2013; copy of petition received by NPCC along with the replies/counter replies filed by it in the petition, etc.; The Commission observed that the CPIO and the FAA had provided the information that was existing and available with them to the appellant. The public authority is not under any obligation to create or collate non-available information for the appellant’s satisfaction u/s 2(f) of the RTI Act, 2005, as decided by the Hon’ble Supreme Court in the case of CBSE vs Aditya Bandopadhyay.
22 CIC/BS/A/2014/001817/12161
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13 Feb, 2017 Mr. Ram Kumar Pandey Vs. D/o Telecom.

CIC observed that, the Hon’ble Supreme Court in its judgment dated 07/10/2013 in the case of Thalappalam Ser. Coop. Bank Ltd. and others V/S State of Kerala and others ( Civil Appeal No. 9017 of 2013 ) has held as under:- "40. The burden to show that a body is owned controlled or substantially financed or that a non - government organization is substantially financed directly or indirectly by the funds provided by the appropriate Government is on the applicant who seeks information". In the present case, the applicant has not discharged the above burden or made any submissions to enable the Commission to examine the applicability or otherwise of the provisions of section 2 (h) of the RTI Act 2005. In view of the foregoing the complaint cannot be considered any further and the matter is being treated as closed.
23 CIC/VS/A/2015/903308
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13 Jan, 2017 Ms Santosh Devi Vs CPIO, North East Frontier Rly, Bihar

The appellant filed RTI application seeking information: is medical board which comprises four specialist doctors is more authentic or screening committee in terms of medical ground which orders for absorption on same post; if screening committee has more powers than why medical board is required; provide Railway Board’s guideline wherein it is mentioned that medically decategorised staff can be utilized against those posts from where one was medically decategorised etc. The respondent should provide to the appellant the rules/guidelines/ policy related to medical decategorisation of staff within 7 days.
24 CIC/VS/A/2015/000501
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11 Nov, 2016 Mr. Bhushan Sharma Vs CPIO, South Central Railway

The appellant filed RTI application seeking photo copy of his answer booklet, photo copy of the question booklet of the candidate who has secured 33.35% marks, copy of final merit list. The respondent is directed to provide the complete merit list along with marks of all candidates. The respondent should also provide to the appellant his question booklet in Hindi, along with copy of key answer sheet.
25 CIC/VS/A/2015/003344/SD
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31 Oct, 2016 Amar Kumar Jha vs CPIO Station Headquarter Agartala

The Commission directed the CPIO to provide the inspection, if the Appellant while appearing for this purpose show his identity proof to fully establish that he is the same person with respect to whom the information is being sought.
26 CIC/BS/C/2014/000103/11052
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11 Aug, 2016 N. Syamasundaran Vs. TRAI, New Delhi

Section 2(f) — Information — the Commission held that certain information is placed in public domain accessible to the citizen either freely or on payment of a pre-determined price, that information cannot be said to be 'held' or 'under the control of ' the public authority and, thus would cease to be an information accessible under the RTI Act. This case does not meet the requirement of section 20(1) of the RTI Act regarding the CPIO not furnishing information within the stipulated time without any reasonable cause". There is also nothing to establish that the CPIO acted in a malafide manner.
27 CIC/BS/A/2015/901005
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02 Aug, 2016 Gansham Ramchandani Vs. Department of Telecommunication, New Delhi

Section 2(f) Information the Commission held that the Hon'ble Supreme Court in its decision in the matter of CBSE & Anr. Vs. Aditya Bandopadhyay & Ors. has held that where the information sought is not a part of the record of a public authority, and where such information is not required to be maintained under any law or the rules or regulations of the public authority, 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.
28 CIC/MP/A/2016/000472
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01 Aug, 2016 N C S M Prasad Vs. State Bank of Hyderabad

Section 2(f) — Information — the Commission upheld the contention of the respondents that the appellant's queries were hypothetical and imagnary in nature as the same were about an incident, which the appellant has described as "cold storage scam", which had not taken place. In other words, the appellant had not sought any materials and existing information within the meaning of section 2(f) of the RTI Act.
29 CIC/MP/A/2016/000605
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01 Aug, 2016 Milind Dhanaji Unawane Vs. Currency Note Press, Nashik

Section 2(f) — Information — the Commission held that the queries made by the appellant in the RTI application are more in the nature of eliciting explanation or clarification from the respondents rather than information as defined in section 2(f) of the RTI Act. The appellant appears to be having certain grievances against the public authority regarding withholding of his increment which cannot be considered here as it lies beyond the purview of the RTI Act.
30 CIC/SH/A/2015/001982 CIC/SH/A/2016/000333
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28 Jul, 2016 Inderjit Singh Suri vs Dena Bank, New Delhi

Section 2(f) Information

The Commission held that the CPIO was wrong in stating that the queries of the Appellant did not come under the purview of the RTI Act. Further, just because the Appellant is a dismissed employee, he is not debarred from seeking information under the RTI Act to defend his rights, including to use such information in courts. The CPIO is directed to respond to the two queries of the Appellant mentioned above, based on the relevant rules and regulations of the bank. In case the said rules do not cover the specific issues raised by the Appellant, the CPIO should state so and provide him a certified copy of the bank's rules applicable in respect of admissibility of terminal benefits in the case of dismissed employees / employees who have undergone prosecution. Legal opinion, copies of which have been sought by the Appellant, is exempted from disclosure under section 8(1)(e) of the RTI Act because of the fiduciary relationship between the bank and its lawyers. However, since the fee paid to the lawyers comes from public funds, there is no ground not to disclose the information concerning the same. Accordingly, the CPIO is directed to provide to the Appellant the information concerning the lawyers' fee sought by him in the RTI application.
Total Case uploaded: 72