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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))
S.No. CIC CASE DATE OF JUDGMENT JUDGMENT
16 CIC/POSTS/A/2017/310909
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31 Jul, 2017 Ashok Singh Vs. PIO, Department of Posts

The appellant sought information on two articles/consignments booked through speed post on 26.02.2011 and 28.02.2011. CPIO stated that the information sought is more than six months old and as per the departmental guidelines, records pertaining to speed post will be weeded out / destroyed after an efflux of six months from the date of booking and also highlighted the fact that earlier also the same information was intimated and the same was upheld by the FAA. Being dissatisfied, the appellant approached this Commission. The officer stated that the records of the articles/consignments sought by the appellant were weeded out as per the preservation policy as the period is only six months. The Commission directs the respondent authority to publicise the rule of the Department Manual which prescribes for the period of making complaint in cases of non-delivery or loss of articles/consignment and the limitation on preservation of records on notice boards and send compliance report to the Commission, within 21 days from date of receipt of this order. Disposed of.
17 CIC/SB/A/2016/001267
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28 Jul, 2017 Munna Ahmad Vs PIO, Dargah Committee

ISSUE : The appellant is an Editor of magazine ‘Alfaz Today’ alleged that many irregularities were noticed by him against management of Dargah and hence he was filing RTI applications. The appellant sought copies of orders that have been passed in relation to the inquiry rent charged from the restaurant by the Dargah Committee, copies of proposals and agenda etc. The CPIO offered inspection of files with the required information. FAA upheld the decision of the CPIO. Dissatisfied the appellant filed appeal before the CIC.
The CPIO complained that as the Dargah management could not give advt to his magazine, the appellant started filing RTI applications to bring pressure on the authorities.
…..The appellant agreed to file a comprehensive complaint on all alleged irregularities.
Decision: The Commission directed the respondent to provide action taken report on the appellant’s representation, within 30 days from the date of receipt of the representation from the appellant.
….the appellant is warned that if he files any RTI application on the same subject matter it could be rejected by the public authority.
18 CIC/POSTS/A/2016/308590
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25 Jul, 2017 Poonam Kumari vs PIO, Department of Posts

The appellant sought information regarding the names, addresses and contact information of all officers in the post office in Sirsi Biya in the district of Sitamadi; copy of orders related to district post master general; copy of counselling register reservation roster; copy of all orders related to the roster; a appointment and merit list of officials along with documents based on which the officials were appointed. The officer stated that the files related to appointment was under custody of Headquarter, Patna Office, hence, the RTI application was forwarded. The Commission directs the respondent authority to provide the complete information sought about the punishment imposed on officials.
19 CIC/DEPOL/A/2016/296804
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20 Jul, 2017 Shri Inderjeet Bhatia Vs. CPIO, Delhi Police, O/o the ADCP and PIO, North West District, Ashok Vihar, Delhi- 110052

The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Delhi Police, seeking information on three points pertaining to an incident whereby his three cars were towed away from the parking area by the police officials on 11.12.2015, including, inter alia, (i) the provision under which the said cars were towed away from the parking area by the police officials and subsequently seized, and (ii) the details of the place where the said cars were kept after being towed away by the police officials.

The Commission, after hearing the submissions of both the parties and perusing the records, observes that due information has been furnished to the appellant by the respondent. Hence, no further action is warranted in the matter. The Commission further observes that the appellant is seeking a redressal of his grievances. The Commission, in this regard, observes that the RTI Act is not the proper law for the redressal of grievances and there are other appropriate fora for resolving such matters.
20 CIC/DEPOL/A/2016/304245
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19 Jul, 2017 Shri B. C. Parchha Vs. CPIO, Delhi Police, O/o the Deputy Commissioner of Police, East District, Fazalpur, Delhi

The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Delhi Police, seeking information on three points relating to an incident of a property dispute, including, inter alia, (i) the provisions relating to the furnishing of a copy of the First Information Report (FIR) to the complainant, and (ii) a copy of the document on the basis of which one Shri Rajender Prasad and his son had been allowed to put a lock on the appellant’s property

The Commission further observes that the information sought by the appellant are in the nature of seeking clarifications for pursuing the course of redressal of his grievances in the property dispute between him and one Shri Rajendra Prasad. The Commission observes that the RTI Act is not the proper law for the redressal of grievances and there are other appropriate fora for resolving such matters.
21 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.
22 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.
23 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.
24 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.
25 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.
26 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.
27 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.
28 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.
29 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.
30 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.
Total Case uploaded: 162