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RTI >> Judgments >> CIC >> Miscellaneous (Law of Precedence, Compliant and Appeal, Freedom of Speech, Transparency in admission/selection)
Supreme Court(Miscellaneous (Law of Precedence, Compliant and Appeal, Freedom of Speech, Transparency in admission/selection))/ High Courts(Miscellaneous (Law of Precedence, Compliant and Appeal, Freedom of Speech, Transparency in admission/selection))
16 CIC/SB/A/2016/000602/MP
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31 Mar, 2017 Shri A.K. Goel, New Delhi Vs. Shri K.P. Choudhari, Jt. Director, Shri Gurmit Singh, Jt. Registrar, Shri C. Ganesh Kumar, Under secretary, Shri Y.R. Balotia, Asstt. And Shri Jasbir Singh, Dy. Director(Admn.)

The Commission observed that the information available on record has been provided to the appellant. Under the provisions of the RTI Act the CPIO is not required to interpret information or provide clarification or furnish replies to hypothetical questions, 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 appeal is disposed of.
17 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.
18 CIC/BS/C/2015/000164
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28 Mar, 2017 Mr. M.L. Banga, Vs. Central Public Information Officer, DE(BSS), MTNL,New Delhi

The respondent is directed to ascertain the names of CPIOs who held the charge during the relevant period and serve a copy of this order on them. Each of these CPIOs are directed to show-cause: (a) the reasons for delay in sending the reply during the period they held the charge (b) why penalty should not be imposed on them.
19 CIC/BS/C/2015/000183
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28 Mar, 2017 Mr. Raj Narayan Rai Vs. Central Public Information Officer TDM BSNL, U.P.

The respondent is directed to show cause within 30 days why action should not be taken against him for not participating in the hearing before the Commission.
20 CIC/SB/A/2016/000603/MP
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27 Mar, 2017 Ms. Niharika Dixit, Jaipur Vs. Union Public Service Commission

Ms. Niharika Dixit, the appellant, sought certified copy of the rules, press note relating to cancellation of candidature; date of cancellation of the appellant’s candidature; etc., of her appointment for the post of Medical Officer in Central Health Services. The Commission observes that whatever information was available with the respondent was provided to the appellant. The public authority is not supposed to create information which does not exist or is not available with the authority under the RTI Act, 2005. The Commission also observes that under the Act, the applicant cannot seek clarifications/ reasons on any action taken by the respondent.
21 CIC/BS/C/2015/000163
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27 Mar, 2017 Mr. Harikrishna, Karnataka Vs. Central Public Information Officer Sr. Supdt., Deptt. of Posts, Karnataka.

CPIO stated that thorough search was made in their office and it has come to their notice that the note-sheets, etc. pertaining to the year 2007 has been weeded out as the retention period of the documents is of 18 months to 2 years. CIC upheld the Order of the CPIO.
22 CIC/BS/A/2015/001964
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24 Mar, 2017 Mr. Manas Govinda Das, Vs. Central Public Information Officer, DGM/NWOP/N, BSNL, West Bengal

The CPIO, Circle Office, Kolkata is custodian of the record. The CPIO, Circle Office is to show cause, why action should not be taken against him for transferring the RTI application to another CPIO.
23 CIC/BS/A/2015/901933
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24 Mar, 2017 Col. V Ramulu, Kerala Vs. Central Public Information Officer Asstt. Dir. Genl. (SGP), M/o Communication & I.T., New Delhi.

The respondent referred to the CPIO’s reply dated 29.04.2015 and stated that they have informed the appellant that the information sought is not maintained in compiled form. Further, compiling the information will disproportionately divert the resources of the Public Authority. CIC upheld the decision of CPIO.
24 CIC/BS/A/2015/002290
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21 Mar, 2017 Chunnilal Gahlot Vs. Central Public Information Officer Sr. Supdt. Deptt. of Posts, Ajmer, Rajasthan.

CIC directed that, the respondent should search the record in the concerned office and if the record is available, provide the copy of the same to the appellant. If the record has been weeded out the respondent should provide a copy of the proof of weeding out of the record of the appellant.
25 CIC/YA/A/2016/901446
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20 Mar, 2017 Shri Suresh Pankaj Vs. Ministry of Health & Family Welfare

In view of the facts of the case and upon perusal of the records of the case, the Commission finds that repeated queries of the appellant have been adequately responded by the Respondent. The Registry is directed not to list any further cases of the same appellant against the same public authorities, viz. NACO/MoH&FW; on same subject matter and treat them as Res Judicata henceforth. The appeal is dismissed.
26 CIC/SS/A/2013/002072-YA
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21 Feb, 2017 Sumitra Sen Vs. Northern Coalfields Ltd.

Appellant sought information relating to gross/net salary, form – 16, and property acquired and sold etc.

After finding that the same appeal was heard by the Commission some time back, and applied the ratio of the full bench decision of CIC in respect of repeated RTI applications/appeals on the same subject as follows:

Though the RTI Act did not specifically provide this (repeating applications on the same subject) as a ground of refusing the information, it is implied from the various provisions of the Act that any citizen has right to information only once and not repeatedly.

Cases of disclosure of information to the repetitive applicants for their private purpose which promotes their private interest but not the public interest would cause substantial harm to the legitimate aim of the RTI Act. Once the information is given, applicant shall not seek the same once again. If the applicant seeks information again and again, the PIO, FAA, the Commission would be forced to spend their time on this repeated application....
27 CIC/CC/A/2015/002843
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10 Feb, 2017 Prasant Kumar Pradhan vs Power Grid Corporation of India Limited, Odisha

Section 8(1)(g) Information the disclosure of which would endanger the life or physical safety of any person. The Commission held that the disclosure of the information sought is in furtherance of the public policy and no blanket exemption under section 8(1) (g) of the RTI Act would apply. It is clarified that only names of beneficiaries and corresponding amount paid shall be furnished. There is no legal impediment if the aforesaid detail/information is put in public domain through the website.
28 CIC/RK/A/2016/000636/SD
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30 Jan, 2017 Bir Singh vs Garrison Engineer (AF), Palam

Section 8(1) (j) Personal Information. The Commission held that the CPIO has inappropriately denied information under section 8(I)(j) of the RTI Act claiming it to be that of a third party. The work orders for any government projects are paid for from the treasury of government exchequer. It is for this reason that there ought to be probity and transparency in such affairs. The information regarding approving samples or completion period for a particular work order issued by the public authority cannot be said to be a personal information as per section 8(1)(j) of the RTI Act. The disclosure of this information will not cause any unwarranted invasion of privacy of the individual concerned.
29 CIC/SB/A/2016/000067-BJ
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24 Jan, 2017 Ashok Kumat vs O/o the Commissioner Customs, Central Excise & Service Tax, Indore

Section 8(1)(j) Personal Information. The Commission held that that information pertaining to contract letters, appointment letters given by MPCA to Mr. Amay Khurasia as full time coach of MPCA from 2008 till date and the approvals accorded by the Government Department since 2008, in respect of a Civil Servant being permitted to perform the functions of a coach outside the precincts of the Civil Services Conduct Rules is a matter of larger public interest that warrants disclosure of such activities for all concerned in accordance with section 10 read with section 8(1)(e) of the RTI Act. It is incumbent upon a Civil Servant to Act as a Role Model for the society and suo-moto volunteer disclosure of such information for public at large upholding the morals of ethics, transparency and accountability. The Commission directed the respondent to disclose the information.
30 CIC/SB/A/2016/000357-BJ
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23 Jan, 2017 Jatinder Kumar Aggarwal vs O/o the Commissioner of Service Tax-111, Mumbai

Section 19(1) — Appeal to FAA — the Commission held that it is evident that although the CPIO had provided a suitable response but the conduct of the FAA against whom the information was being sought was perceptibly suspect and it was ethically wrong on his part and against the principles of natural justice to adjudicate his own matter. The Commission directed the Chairman, CBEC to designate another officer in the matter as FAA and the case is remanded for adjudication afresh by the FAA, thus appointed by the CBEC.
Total Case uploaded: 157