First Appeal under Section 19 of the Right to Information

• ~ -- -,-' < ••• -- ,

Act, 2005
•••

Ref. No. :RTI/P-737/(9657/16)/Appeal/16122

Dated : 30-01-2016

To
Shri A.K. Das, Add!. Secretary
1st Appellate Authority under RTI Act, 2005,
Central Information Commission,
2nd Floor, 'B' Wing,
August Kranti Bhavan, Bhikaji Kama Place,
New Delhi - 110066

A. Contact Details:
1. Name of the Appellant R.K. Jain

2. Address 1512-B, Bhishm Pitamah Marg

Wazir Nagar
New Delhi-110003
B. Details About RTI Request:

1. Particulars of the CPIO against (a) Name (1) CPIO, CIC

whose order appeal is (2) Shri YK. Singhal
preferred Joint Secretary (Law) & CPIO
(b) Address Central Information
Commission
2nd Floor, 'B' Wing,
August Kranti Bhavan,
Bhikaji Cama Place,
New Delhi - 110066
Date of submission of 04-01-2016
application
(Copy of application attached)
Details of the order appealed Letter File No. CIC/Legal/RTI/2016/001
against dated 25-1-2016
4.-2-. \ t 4. Prayer or relief sought See Prayer clause at the end

5. Last date for filing the appeal 25-2-2016

6 Whether Appeal in Time. Appeal in time
7. Copies of documents relied 1. Copy of RTI Application dated 4-1-
upon by the applicant 2016. (Annexure-1)
2. Co of CPIO letter dated 25-1-2016.
 -2-

D (Annexure-2)

BRIEF FACTS OF THE CASE

(1) That the appellant has filed an application dated 04-01-2016 (Annexure-
1) under Section 6 of the RTI Act, 2005 requesting for the following
information:

(A) . Please provide list of all the files relating to Parliamentary questions
opened after 1-7-2014 and provide copies of the note sheets of these
files.
(8) Please provide details of the dates of the last Audit of the accounts,
records and working of the CIC was undertaken by various
Authorities. Please also provide details in relation to each Authority
who conducted the audit / inspection of CIC from 01.04.2013 till date.
Please also provide copies of their reports, audit objections and
memos issued to CIC.
(D) Please provide details of the future dates, if any, intimated for audit /
inspection of CIC.
(E) As per para 1.4 of DoPT Office Memoranda NO.1/6/2011 dated
15.04.2013, all Public Authorities including CIC, is required to make
pro-active disclosures of RTI Applications and Appeals received by it
and the response given by it, on the website of the Public Authorities.
In violation of DoPT directions, CIC has not made any pro-active
disclosure in this respect. Hence, this application for supply of copy of
all the RTI Applications received from 01.01.2015 till the date of
providing the information and their responses. Information can be
provided either in digital form on CD or photocopies of the documents,
as is convenient to you.
(F) Please provide the file opening register of JS (Law) and the Legal Cell
of the GIC for the year 2015.
(G) Please provide copies of the Oak Inward and Oak Outward Register of
the office of the JS (Law) and the Legal Cell of the CIC for the year
2015
 -3-

(H) Please provide date wise details of the action taken in relation to Oak
received in the office of the JS (Law) and the Legal Cell of the CIC.

(I) Please provide date-wise copy of the register maintained in relation to

the orders, judgments, directions or communications received from
High Courts and Supreme Court. If manual records are not
maintained then digital records may be provided or the records in
whatever form they are available.

Note:-Please provide point-wise information/response for each of

above points.

(2) That the appellant vide para 5 of his said application has also made a
declaration that the information sought for is not exempted under Section
8 or 9 of the RTI Act, 2005 and also stated that to the best of the
knowledge of the appellant, the information pertains to the Office of the
CPIO in question.

(3) That Shri Y.K. Singhal, Joint Secretary (Law) & CPIO has deliberately and
malafidely not provided complete and correct information as sought by the
appellant. The appellant being aggrieved by the said order of the CPIO is
filing the present appeal.

GROUNDS OF APPEAL
(1) That the order in question of the CPIO is incorrect and illegal and contrary
to the provisions and sprit of the RTI Act, 2005 hence liable to be set
aside.
(2) That the information sought by the appellant is not exempted under
Section 8 or 9 or any other provisions of the RTI Act, 2005, therefore,
there was no valid cause or reason or ground for not providing the
information.
(3) That the CPIO and the Deemed CPIOs have not provided any information
as sought in point (A) to (D) of the RTI application., therefore they may be
directed to provide said information within time bound frame.
(4) That Shri Y.K. Singhal, Jt. Secretary (Law) and CPIO has deliberately and
malafidely denied the information as sought in point (E) of the RTI
 -4-

application on the ground that it is an official document. The RTI Act

applies to the Official Document therefore this can not be a ground for
denial of information. As per Delhi High Court decision in the case of
Bhagat Singh, the CPIO has a statutory duty to provide the information
unless it is exempted. The CPIO has not claimed any exemption, nor any
exemption is applicable to the File Opening Register sought in point (E) of
the RTI application. Therefore, the order of the CPIO is liable to be set
aside with direction to provide point-wise information to the appellant
within time bound frame.
(5) That Shri Y.K. Singhal, Jt. Secretary (Law) and CPIO, has deliberately and
malafidely not provided the uptodate information i.e. for the month of
November, December, 2015 as he has himself admitted that earlier the
information was provided only upto October, 2015. Therefore, the order {)f
the CPIO is liable to be set aside with direction to provide point-wise
information to the appellant within time bound frame.
(6) That the CPIO has failed to appreciate that in point (E) and (F), the
information as sought in relation to Legal Cell is only for the year 2015,
therefore, the information sought in point (G) and (H) was also for the year
2015. In these circumstances, the CPIO should have provided the
information for the year 2015.
(7) That the CPIO has erred in not providing the information to the appellant
though as per the provisions of the RTI Act, the appellant is entitled to
information as sought by him. Therefore, the order of the CPIO is liable to
be set aside with direction to provide point-wise information to the
appellant within time bound frame.
(8) That the information sought is neither voluminous nor relate to older and
larger period, thus could have easily been provided by the learned CPIO.
(9) That as per proviso to Section 8( 1) of the RTI Act, 2005, the information
which can not be denied to the Parliament or the State Legislatures shall
not be denied to any person. The information sought by the appellant in
the subject application is the one which cannot be denied to the
Parliament or the State Legislatures and hence it cannot be denied or
 -5-

refused to the appellant.

(10) That a personal hearing may be granted to the appellant before
deciding the present appeal.
(11) This is without prejudice to the right of the appellant to add, alter or
modify any of the grounds of this appeal and adduce oral or written
evidence at the time of hearing or till the appeal is disposed of.
PRAYER
Under the circumstances, the appellant prays as under:
(a) That the Original Records may be summoned and perused.
(b) That the order of the CPIO may be set aside to the extent it has been
appealed against and CPIO/Deemed CPIOs may be directed to
provide the information in question within time bound frame.
(c) That imposition of penalty may also be recommended against the
CPIO for not providing the complete and correct information.
(d) That any other relief as the Appellate Authority deem fit and proper
may also be ordered in favour of the appellant.
(e) That a personal hearing may be granted to the appellant before
deciding the appeal.

.~
Signature of Appellant
Telephone No. : 9810077977
24651101
Fax No. 011-24635243
Place: New Delhi
Dated : 30-01-2016
 J1f)
Allpliealion nnlle •. Seciion (, of the night '0 Infonnation Ad, 2005

Ref. No. :RTIIP-344!~j'657!16

4-1-2016
To
CPIO
Central InliJI'lllation Commission
2nd Floor, '13' Wing,
August Kranti 13havan,
I1hikaji Cama Place,
New Delhi - 110066
-- - --- _.
I. Name of the Applicant R.I< . .lain
2. Address 1512-11, Bhishm Pitamah Marg
Wazir Nagar
New Delhi-] 10003
(b) Phone Nos. 09810077977, 0 I 1-2465110 I, 011-24690707
(c) Fax No. 011-24635243
3. Whether a Citizen oflndia Yes
4. Particulars of Information
Details of information (A) Please provide list of all the Jiles relating to
required Parliamentary questions opened aileI' 1-7-2014
and provide copies of the note sheets of these
files.
(13) Please provide details of the dates of Ihe las 1
Audit of the accounts, records and working of
0( the CIC, as undertaken by various Authorities.
Please also provide details in relation to each
.~~ Authority who conducted the audit! inspection
lOry of CIC from 01.04.2013 till date. Please also
()' pmvide copies of their reports, audit objections
"'- ~
0
and memos issued to CIC.
(C) Please provide delails of the future dates, if
any, intimated /()r audit! inspection ofCIC.
(D) As pel' para 1.4 of DoP1' Office Memoranda
No. 1/6/20 II dated, 15.04.2013, all Public
Authorities including CIC, is required to make
pro-active disclosures of R1'I Applications and
Appeals received by it and the response given
by it, on the website of the Public Authorities.
In violation of 001'1' directions, CIC has not
made any pro-active disclosure in this respect.
Hence, this application for supply of copy of
all the R1'I A ppl ications received from
01.01.2015 till the date of providing the
information and their responses. In formation
can be provided either in digital form on CD or
 -2-
photocopies of the d6cuments, as is convenicnt
~ i lo YOLI.

(E) Please provide the tile opening register of .IS

(Law) and the Legal Cell of the CIC lilr the
year 20 15.
(F) Please provide copies of the Oak Inward and
Oak Outward Register of the of/ice of the .IS
(Law) and the Legal Cell of the CIC li)r the
year 201 5.
(a) Please provide datewise details of the aetion
taken in relation to the Oak reeeived in the
offiee of the lS (Law) and the Legal Cell of the
CIC.
(1-1) Please provide date-wise copy of the register
maintained in relation to the orders,judgments,
directions or commlll)ications received Ii.om
High Courts and Supreme Courl. If manual
records are not mnintained then digital records
may be provided or thc records in whatever
form they are available.

Note:-Please provide point-wise information/

response for eaeh of ahove P?ints.

5. I .state that the information sought is covered under RTI Aet and does not fall
within the exemptions contained in sections 8 or 9 or any other provisions of the
Right to Information Act, 2005 and to the best of my knowledge it pertains to
your officc. Information is being sought in larger public illleresi.
6. A Postal Order No. 321" I0223! for Rs. 10 towards payment of fee is enclosed
herewith. You are requested to filling the name in whieh the Postal Order is
payable.
7.. As per Section 7 of the RTI Act, 2005 information is .to be provided within 30
days of tlte Annlieation.

Signal~iCanl
Telephone No. : 98 I0077977
oI I-24651 101,24690707
Fax No. 01 1-24635243
Place: New Delhi
Ene\. : as above
llirw' ••-.
JJll.
 CENTRAL INFORMATION COMMISSION
2ndFloor, August Kranti Bhawan,
Bhikaji Cama Place, New Delhi - 110066.
Website: cic.gov.in
Date: 25.01.2016
File No. CIC/LegaI/RTI/2016/001

Mr. R.I<. Jain

1512-B, Bhishm Pitamah Marg
Wazir Nagar
New Delhi-11 0003

Sub: Seeking information under the RTI Act, 2005.

This is reference to your RTI application ref No RTI/P-344/9657/16 dated 04.01.2016
(Registration No CICOM/R/2016/00040/3), we are furnishing the requisite information as under:-

Re I /information
As this is. an official document so it cannot be provided.
Copies of Dak Inward and Outward Register for the year 2015 upto Oct
2015 has already been provided to you vide our letter No
CIC/Legal/RTI/2015/001 dated 04.11.2015 in response to your letter No
RTI/P_585/9360/15/R16869 dated 08.10.2015.
No specific period has been mentioned for which information has been 1
(G) & (H) asked . for. Coli ate and collection of such informaiion would
dis ,fO ortionatel divert the resource of this office. .

If you are not satisfied with the reply of the undersigned, you may prefer an appeal to our
First Appellate Authority, within 30 days from the date of receipt of this reply.

Address of the First Appellate Authority is:

Shri AKDas
Additional Secretary
CENTRAL INFORMATION COMMISSION
Room No. 296, 2ndFloor, August Kranti Bhawan ,
Bhikaji Cania Place, New Delhi -110066.

(YK Singhal)
Joint Secretary (Law)
&CPIO

Copy to :-

CPIO, RTI Cell, CIC